certification/real property acquisition 10/11/1991CERTIFICATION OF REAL PROPERTY ACQUISITION PROCEDURES
Salina City/County, Kansas certifies that all real property
Project Number 5U-0896-01 was acquired, including legal and phy
ix)ssessioitl, in compliance with BRUT) mom 85-4 attached forms and procedure
the items listed below:**
1) Real property shall be appraised before the initiation of negotiations and
the owner or his designated representative shall be given an opportunity to
accompany the appraiser during his inspection of the property.
2) Before the initiation of negotiations for real property, an amount shall be
established which is reasonably believed to be just compensation therefore;
and a prompt offer shall be made to acquire the property for the full amount
so established. In no event shall such amount be less than the approved
appraisal of fair market value of such property.
3) Any decrease or increase of the fair market value of real property prior
the date of valuation caused by the project for which such property
acquired or by the likelihood that the property would be acquired for s
project, other than that due to physical deterioration within the/reasona
control of the owner, will be disregarded in determining the compensation
the property.
4) Every reasonable effort shall, be made to acquire, expeditiously, r
property by negotiation.
5) The owner of the real property to be acquired shall be provided with a
written statement of, and summary of the basis for, the amount establish as
just compensation. On partial acquisitions, the compensatioci for the real
property to be acquired and the compensation for damages, if any, o the
remaining real property shall be separately stated.
6) In no event shall coercive action be taken to compel an agreement on the
price to be paid for the property. rl
7) No owner shall be required to surrender possession of real proper before
the -agreed purchase price is paid or before there is deposited with he court
the amount of the award of compensation in the condemnation proce ings for
such property. r
8) If an interest in real property is to be acquired by exercise of t e power of
eminent domain, formal condemnation proceedings shall be insti ted. The
acquiring authority shall not intentionally make it necessary for an owner to
prove the fact of taking his real property.
9) The project shall be so scheduled that, to the great
no person lawfully occupying real property shall be
dwelling or to move his business or farm operation
ninety days written notice from the date by which such
•+'kris requires the conveyance document for R/W and/or
rzwrdcJ i,. th.- "Cgistar of De"NdS'
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"drRight of Way acquired or in the process of being
BRUD memo 85-4 was acquired in accordance with i
Acquisition Procedures form dated April 5, 1982.
Rev. 9-5-85
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Real Prope
CERTIFICATION OF REAL PROPERTY ACQUISITION PROCEDURES
10) If acquisition of only part of a property would leave its owner with an
uneconomic remnant, an offer shall be made to acquire the remnant. The
Bureau of Rural and Urban Development will be contacted should this
situation arise.
11) If there are buildings, structures, or other improvements owned by a tenant
or landowner which are to be acquired or relocated, the Kansas Department of
Transportation's Bureau of Rural and Urban Development will be contacted for
guidance as to proper procedures. I
Buildings, structures, or other improvements are involved in this project.
Yes No X
12) Property owners are to be reimbursed to the extent determined
reasonable for expenses necessarily incurred for: (1) recorc
transfer taxes, and similar expenses incidental to conveying
property; (2) penalty costs for prepayment of any pre-existinj
mortgage encumbering such real property; (3) the eligible pro-ra
of paid real property taxes.
13) If the final judgment is that the property cannot be
condemnation or the proceeding is abandoned by the city/tour
property owner successfully maintains an inverse condemnation
property owner is to be reimbursed for reasonable costs awarded
by the court for such items as attorney, appraiser and engi
actually incurred because of the condemnation proceedings. I
Rural and Urban Development will be contacted before payment i;
landowner should this situation arise.
14) Property owners may donate right of way after they have been
of their right to have the property to be acquired appraised
an offer of just compensation based on the appraisal. I
donation or partial donation form signed by grantor(s) must b
file for any donated parcel.
If the Grantor of donated property intends to claim a tax
charitable contribution, an appraisal must be provided 1
amount of the deduction.
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15) Records will be maintained on file for at least three ,'yearsof er the
county/city has been notified that the project has been laccepted by the
Kansas Department of Transportation.
City/6waa*y- eter!e
1441
Date
1 copy to Secretary of Transportation
1 copy to City/County
Rev. 9-5-85