DOT 23 CFR PART 710-2011 RIGHT-OF-WAY AND REAL ESTATE.pdf
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1、372 SUBCHAPTER HRIGHT-OF-WAY AND ENVIRONMENT PART 710RIGHT-OF-WAY AND REAL ESTATE Subpart AGeneral Sec. 710.101 Purpose. 710.103 Applicability. 710.105 Definitions. Subpart BProgram Administration 710.201 State responsibilities. 710.203 Funding and reimbursement. Subpart CProject Development 710.301
2、 General. 710.303 Planning. 710.305 Environmental analysis. 710.307 Project agreement. 710.309 Acquisition. 710.311 Construction advertising. 710.313 Design-build projects. Subpart DReal Property Management 710.401 General. 710.403 Management. 710.405 Air rights on the Interstate. 710.407 Leasing. 7
3、10.409 Disposals. Subpart EProperty Acquisition Alternatives 710.501 Early acquisition. 710.503 Protective buying and hardship ac-quisition. 710.505 Real property donations. 710.507 State and local contributions. 710.509 Functional replacement of real prop-erty in public ownership. 710.511 Transport
4、ation enhancements. 710.513 Environmental mitigation. Subpart FFederal Assistance Programs 710.601 Federal land transfer. 710.603 Direct Federal acquisition. Subpart GConcession Agreements 710.701 Purpose. 710.703 Definitions. 710.705 Applicability. 710.707 Fair market value. 710.709 Determination o
5、f Fair market value. AUTHORITY: Sec. 1307, Pub. L. 105178, 112 Stat. 107; 23 U.S.C. 101(a), 107, 108, 111, 114, 133, 142(f), 156, 204, 210, 308, 315, 317, and 323; 42 U.S.C. 2000d et seq., 4633, 46514655; 49 CFR 1.48(b) and (cc), 18.31, and parts 21 and 24; 23 CFR 1.32. SOURCE: 64 FR 71290, Dec. 21,
6、 1999, unless otherwise noted. Subpart AGeneral 710.101 Purpose. The primary purpose of the require-ments in this part is to ensure the pru-dent use of Federal funds under title 23 of the United States Code in the acqui-sition, management, and disposal of real property. In addition to the re-quireme
7、nts of this part, other real property related provisions apply and are found at 49 CFR part 24. 710.103 Applicability. This part applies whenever Federal assistance under title 23 of the United States Code is used. The part applies to programs administered by the Federal Highway Administration. Wher
8、e Fed-eral funds are transferred to other Fed-eral agencies to administer, those agencies procedures may be utilized. Additional guidance is available elec-tronically at the FHWA Real Estate services website: http:/ www.fhwa.dot.gov/realestate/index.htm 710.105 Definitions. (a) Terms defined in 49 C
9、FR part 24, and 23 CFR part 1 have the same mean-ing where used in this part, except as modified in this section. (b) The following terms where used in this part have the following meaning: Access rights means the right of in-gress to and egress from a property that abuts a street or highway. Acquir
10、ing agency means a State agen-cy, other entity, or person acquiring real property for title 23 of the United States Code purposes. Acquisition means activities to obtain an interest in, and possession of, real property. Air rights means real property inter-ests defined by agreement, and con-veyed by
11、 deed, lease, or permit for the use of airspace. Airspace means that space located above and/or below a highway or other VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reprod
12、uction or networking permitted without license from IHS-,-,-373 Federal Highway Administration, DOT 710.105 transportation facilitys established grade line, lying within the horizontal limits of the approved right-of-way or project boundaries. Damages means the loss in value at-tributable to remaind
13、er property due to severance or consequential damages, as limited by State law, that arise when only part of an owners property is acquired. Disposal means the sale of real prop-erty or rights therein, including access or air rights, when no longer needed for highway right-of-way or other uses eli-g
14、ible for funding under title 23 of the United States Code. Donation means the voluntary trans-fer of privately owned real property for the benefit of a public transportation project without compensation or with compensation at less than fair market value. Early acquisition means acquisition of real
15、property by State or local govern-ments in advance of Federal authoriza-tion or agreement. Easement means an interest in real property that conveys a right to use a portion of an owners property or a por-tion of an owners rights in the prop-erty. NHS means the National Highway System as defined in 2
16、3 U.S.C. 103(b). Oversight agreement means the project approval and agreement concluded be-tween the State and the FHWA to out-line which projects will be monitored at the plans, specifications, and esti-mate stage by FHWA as required by 23 U.S.C. 106(c)(3). Real property means land and any im-prove
17、ments thereto, including but not limited to, fee interests, easements, air or access rights, and the rights to con-trol use, leasehold, and leased fee inter-ests. Relinquishment means the conveyance of a portion of a highway right-of-way or facility by a State highway depart-ment to another governme
18、nt agency for continued transportation use. (See 23 CFR part 620, subpart B.) Right-of-way means real property and rights therein used for the construc-tion, operation, or maintenance of a transportation or related facility fund-ed under title 23 of the United States Code. Settlement means the resul
19、t of nego-tiations based on fair market value in which the amount of just compensation is agreed upon for the purchase of real property or an interest therein. This term includes the following: (1) An administrative settlement is a settlement reached prior to filing a condemnation proceeding based o
20、n value related evidence, administrative consideration, or other factors ap-proved by an authorized agency offi-cial. (2) A legal settlement is a settlement reached by a responsible State legal representative after filing a condemna-tion proceeding, including stipulated settlements approved by the c
21、ourt in which the condemnation action had been filed. (3) A court settlement or court award is any decision by a court that follows a contested trial or hearing before a jury, commission, judge, or other legal entity having the authority to estab-lish the amount of compensation for a taking under th
22、e laws of eminent do-main. State agency means a department, agency, or instrumentality of a State or of a political subdivision of a State; any department, agency, or instrumen-tality of two or more States or of two or more political subdivisions of a State or States; or any person who has the autho
23、rity to acquire property by eminent domain, for public purposes, under State law. State transportation department (STD) means the State highway department, transportation department, or other State transportation agency or com-mission to which title 23 of the United States Code funds are apportioned
24、. Uneconomic remnant means a remain-der property which the acquiring agen-cy has determined has little or no util-ity or value to the owner. Uniform Act means the Uniform Relo-cation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Public Law 91646, 84 Stat. 1894), and the
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