79
STAT.]
PUBLIC LAW 89-117-AUGUST10, 1965
485
TITLE IV—COMPENSATION OF CONDEMXEES DEFINITIONS
SEC. 401. For the purposes of this title— (1) the term "development program" means any program established by or conducted under any of the following provisions of law: (A) the United States Housing Act of 1937; (B) title I of the Housing Act of 1949; (C) the Urban Mass Transportation Act of 1964; (D) title II of the Housing Amendments of 1955; (E) title VII of the Housing Act of 1961; and (F) title VII of the Housing and Urban Development Act of 1965; (2) the term "Federal assistance" means a grant, loan, contract of guaranty, annual contribution, or other assistance provided by the United States; (3) the term "applicant means any public body or other agency authorized to receive Federal assistance under a development program; (4) the term "real property" means any land, or any interest in land, and (A) any building, structure, or other improvements embedded in or affixed to land, and any article so affixed or attached to such building, structure, or improvement as to be an essential or integral part thereof; (B) any article affixed or attached to such real property in such manner that it cannot be removed without mat'erial injury to itself or the real property; and (C) any article so designed, constructed, or specially adapted to the purpose for which such real property is used that (i) it is an essential accessory or part of such real property, (ii) it is not capable of use elsewhere, and (iii) it would lose substantially all its value if removed from the real property; and (5) the term "Administrator" means the Housing and Home Finance Administrator. LAND ACQUISITION
POLICY
SEC. 402. As a condition of eligibility for Federal assistance pursuant to a development program, each applicant for such assistance shall satisfy the Administrator that the following policies will be followed in connection with the acquisition of real property by eminent domain in the course of such program— (1) the applicant shall make every reasonable effort to acquire the real property by negotiated purchase; (2) no owner shall be required to surrender possession of real property before the applicant pays to the owner (A) the agreed purchase price arrived at by negotiation, or (B) in any case where only the amount of the payment to the owner is in dispute, not less than 75 per centum of the appraised fair value of such property as approved by the applicant; and (3) the construction or development of any public improvements shall be so scheduled that no person lawnilly occupying the real property shall be required to surrender possession on account of such construction or development without at least 90 days' written notice from the applicant of the date on which such construction or development is scheduled to begin.
"' "^"^ '•°42 USC i45o-i465. 49 USC leoi note. 42 USC 1491-1497. ^2 USC isoo-isooe. Post,
p„ 489.
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