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Justice Manual § 5-15.556

Reimbursement in Certain Cases for Moving, Relocation and Related Expenses

activein force · 2018-04-01 – presentas-observed

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires the payment by acquiring agencies of moving, replacement, relocation and related expenses of property owners and for certain expenses incidental to the transfer of title to the United States, including reimbursement to the owner for the pro-rata portion of real property taxes paid which are allocable to the period subsequent to the date of vesting title in the United States or the effective date of possession of such real property by the United States, whichever is earlier. Section 102(a) of this Act provides as follows:

The provisions of section 301 of title III of this Act create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.

And, Section 102(b) provides as follows:

Nothing in this Act shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of this Act.

Representatives of acquiring agencies have been instructed to coordinate their activities under the authorizing statute with representatives of the Department of Justice to insure that no duplication of payment will result.

All inquiries by owners or tenants with respect to reimbursements under this statute should be referred to the local representative of the acquiring agency. No changes in existing practices and procedures in handling condemnation cases and particularly in negotiating for settlements in condemnation cases are required by this authorizing statute. However, United States Attorneys should advise the local representatives of the acquiring agency of any case in which an owner or tenant asserts a claim for expenses and other loss and damage alleged to have been incurred by such owner or tenant as a result of the moving of themselves, their families and possessions because of the acquisition of the land. This requirement for notice to representatives of the acquiring agency is particularly applicable in cases for the condemnation of the temporary use of property wherein claims may be asserted for moving costs under the rule established in General Motors Corporation v. United States, 323 U.S. 373 (1945).

History

[cited in JM 5-15.650; ENRD Resource Manual 10] [updated April 2018]

Provenance

Source
justice.gov
Retrieved
2026-09-20
Edition
jm-2026-09-20
Content hash
c80c899d3be8bf9912ce8a895a7f071ca8b1afb7b70a4bca4d11304c84d07f02
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