Sec. 163.59. In order to encourage and expedite the | 23 |
acquisition of real property by agreements with owners, to avoid | 24 |
litigation and relieve congestion in the courts, to assure | 25 |
consistent treatment for owners in the many state and federally | 26 |
assisted programs, and to promote public confidence in public
land | 27 |
acquisition practices, heads of acquiring agencies shall, to
the | 28 |
greatest extent practicable, be guided bydo or ensure the | 29 |
acquisition satisfies all of the following
policies: | 30 |
(C) Real property
to be acquired shall be appraised before | 40 |
the initiation
of negotiations, and the owner or
histhe owner's | 41 |
designated
representative
shall be given
ana reasonable | 42 |
opportunity to
accompany the
appraiser during
histhe appraiser's | 43 |
inspection of
the property,
except that the
head of the lead | 44 |
agency may
prescribe a procedure
to waive the appraisal in cases | 45 |
involving
the acquisition by sale
or donation of property with a | 46 |
low fair
market value.
If the
appraisal values the property to be | 47 |
acquired at more than
ten thousand dollars,
the head of the | 48 |
acquiring agency concerned
shall make every reasonable effort to | 49 |
provide a copy of
the
appraisal to the owner. As used in this | 50 |
section, "appraisal"
means a written statement independently and | 51 |
impartially prepared
by a qualified appraiser, or a written | 52 |
statement prepared by an employee of the acquiring agency who is a | 53 |
qualified appraiser, setting forth an opinion of defined
value
of | 54 |
an adequately described property as of a specified date,
supported | 55 |
by the presentation and analysis of relevant market
information. | 56 |
(C)(D) Before the initiation of negotiations for real | 57 |
property,
the head of the acquiring agency concerned shall | 58 |
establish an
amount
which
hethat the head of the acquiring agency | 59 |
believes to be
just compensation
thereforfor the property and | 60 |
shall make a prompt offer to
acquire the property
for
no less than | 61 |
the full amount so established. In no
event shall
suchthat | 62 |
amount be less than the agency's approved
appraisal of the fair | 63 |
market value of
suchthe property. Any decrease
or increase in | 64 |
the
fair market value of real property prior to the
date of | 65 |
valuation
caused by the public improvement for which
suchthe | 66 |
property is
acquired, or by the likelihood that the property would | 67 |
be
acquired for
suchthat improvement, other than that due to | 68 |
physical
deterioration within the reasonable control of the owner, | 69 |
will be
disregarded in determining the compensation for the | 70 |
property.
The | 71 |
(E) If information presented by the owner or a material | 86 |
change in the character or condition of the real property | 87 |
indicates the
need for new appraisal information, or if a
period | 88 |
of more than two years has
elapsed since the time of the appraisal | 89 |
of
the property, the head
of the acquiring agency concerned shall | 90 |
have the appraisal updated
or obtain a new appraisal. If updated | 91 |
appraisal information
or a new appraisal indicates that a change | 92 |
in the acquisition offer is warranted, the
head of the acquiring | 93 |
agency shall promptly reestablish the amount of the just | 94 |
compensation for the property and offer that amount to the owner | 95 |
in writing. | 96 |
(I)(K) If the acquisition of only part of a property would | 127 |
leave its owner with an uneconomic remnant, the head of the | 128 |
acquiring agency concerned shall offer to acquire that remnant. | 129 |
For the purposes of this division, an uneconomic remnant is a | 130 |
parcel of real property in which the owner is left with an | 131 |
interest after the partial acquisition of the owner's property
and | 132 |
which the head of the agency concerned has determined has
little | 133 |
or no value or utility to the owner. | 134 |