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Real Estate Requirements for Borrow Material

Real Estate Requirements

  1. (1) A right of entry form will be executed to permit soil borings, surveys, cultural resources and HTRW investigations to be conducted on the proposed property.

  2. (2) If determined to be suitable by results of previous testing and the landowner is willing to accept “fair market value” (price that the property would bring for the interest being acquired on a by-the-acre value if a sale occurred between two willing sellers) then the Government will pursue the acquisition of the appropriate real estate interest from the title owner on behalf of the non-Federal sponsor, by following the steps set forth below.
(a) A map of the area to be acquired and a legal description of the property would be finalized.

(b) A title binder would be secured (in accordance with Department of Justice Title Standards 2001) to identify all persons with an interest in the property, and any mortgages/liens or any other title encumbrance would have to be addressed/cured

(c) An appraisal of the property would be made by a qualified appraiser conforming to the Uniform Standards for Federal Land Acquisitions. The owner of the property would be invited to accompany the appraiser.

(d) Negotiations between the landowners and Government would begin starting at appraised value/just compensation value.

(e) Settlement reached between owners and the Government – Offer to Sell Real Property would be executed with agreement to price – prior to the closing, title difficulties would have to be addressed (mortgages, liens, taxes, encumbrances)

If settlement could not be reached or title problems prevent a closing, a Declaration of Taking (eminent domain proceedings) would be initiated to obtain the property.

(f) Sale of the property to the Government by deed if agreement is reached Or – Filing of Declaration of Taking (eminent domain proceedings)