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MORE ABOUT ACQUISITION Determination Of Value For Lands Acquired
How Much Is Your Land Worth?
The Fifth Amendment to the United States Constitution requires that just compensation be paid for private property acquired for public use. The Courts have defined just compensation as fair market value. This, in turn, has been defined as the amount of money that would change hands between a willing buyer and a willing seller, with both having full knowledge of all the relevant facts and circumstances, and with neither being compelled to act. Fair market value is what someone would pay for the property involved, not what the buyer may have invested in the property nor what it would cost to rebuild or replace. Federal courts have consistently held that loss of good will, business potential, and sentimental attachment are not compensable.
Estimates of the fair market value of interest to be acquired will be made by competent, professional appraisers, familiar with property values in the area. Appraisers are selected by the Government on the basis of their qualifications, experience, integrity, and demonstrated good judgment in evaluating real estate. Each completed appraisal will be thoroughly reviewed by an experienced senior reviewing appraiser, to ensure it is accurate and consistent with sound appraisal practices and appraisals of similar properties. Owners will be contacted prior to the appraisal to arrange a date and time for the appraiser to inspect the property. Owners are invited to accompany the appraiser or to arrange for a representative to be present so that all factors bearing on value within the scope of law may be given full consideration.
How The Government Acquires Project Lands
Responsibilities for Acquisition - In this cost-shared project, the acquisition of land is the responsibility of the sponsor. However, the County Commission has requested that the Corps of Engineers accomplish all land acquisitions on its behalf. While the Corps will accomplish the acquisition work, all project lands will be purchased in the name of the McDowell County Commission. The County Commission will contribute funds to cover the cost-share portion of the total expected expenditures for each fiscal year. In this project, the sponsor's portion of the cost-share has been determined to be five percent. The sponsor has developed a financing plan wherein it proposes to raise its five percent share through assessments via assessment districts known as Community Improvement Assessment Districts (CIAD's). These CIAD's are being established under the authority of legislation passed by the State of West Virginia.Making An Offer The Corps of Engineer makes every effort to assure that owners of property acquired for public works projects, such as the McDowell County Nonstructural Flood Control Project, are paid just and reasonable consideration through the procedures outlined in this pamphlet. These procedures are in keeping with Section 301, Title III, Public Law 91-646, as amended, which states that the law was enacted by Congress to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, and to promote public confidence in Federal land acquisition practices.After your land has been appraised and the appraisal reviewed, a Government representative will inform you in writing of:
(1) the amount estimated as just compensation, and (2) a summary of the basis for the Government estimate. Negotiations will then be conducted over a period of time not to exceed 60 days. Additionally, occupants will be informed generally of their relocation rights under Public Law 91-646 and furnished an information brochure which explains in further detail the nature and extent of their relocation rights.
What If We Cannot Agree? It is the policy in this project to purchase rights in lands by voluntary sale. Under no circumstances will owners be compelled to sign purchase contracts or to participate in the project. Owners will have the undeniable right to refuse the Government offer. Condemnation will NOT be used in this voluntary nonstructural project unless the owners request it in writing. In that event, an amount equal to the estimated fair market value will be deposited with the court and title to the property will pass to the Government. The Government will then quitclaim title to the County Commission. With certain exceptions, the courts permit owners to withdraw a substantial amount of the funds on deposit before the case is tried. Court action is considered fair to both the Government and the landowner, as each will have a full opportunity to present evidence of value. Any offers or counteroffers made by the Government or the landowner during negotiations for settlement will not be binding in the event of condemnation unless otherwise agreed by both parties. The Government bears all costs of the court action, with the exception of fees for attorneys and witnesses employed by the landowner and the five percent cost-share provided by the sponsor.After You Sell
Removing your Buildings or Other Structures - Subject to various restrictions, and the discretion of the Corps of Engineers and the sponsor, owners may reserve the right to remove buildings or other structures for an established salvage (scrap value) price. The Government will deduct the salvage price from its payment to you for lands acquired. The buildings or other structures you reserve in this way must be removed from the project area in accordance with the terms of the salvage agreement.
Moving
The goal of the Government's relocations program is to relocate participants out of flood-threatened areas as soon as possible. However, persons lawfully occupying property at the time the Government enters into negotiations for its purchase, will not normally be required to vacate the property without at least 90 days written notice, and full payment of the purchase price (or in the case of condemnation proceedings, the deposit of "just compensation" with the court). In addition, you won't be asked to vacate your property until a comparable decent, safe, and sanitary replacement house is available to meet your needs. You may have to pay rent if your occupancy exceeds what the Government and the County Commission determine is a reasonable length of time.
Moving Benefits
An owner or tenant of real property who is displaced from a home, business, or farm as a result of Government acquisition on behalf of the County Commission may, upon application, be entitled to relocation assistance (in accordance with the provisions of Public Law 91-646). This can include moving and related expenses, assistance in locating replacement housing for owners and tenants, and advice concerning relocation. You'll find more details in the information brochure that the Government provides to all persons displaced by land acquisition for this project (see Relocation
Benefits).
Scheduled For Land Acquisition
Land acquisition for the McDowell County Nonstructural Flood Control Project will begin after the landowners meeting. Present schedules call for the acquisition of eligible properties within seven years. How quickly this can actually be accomplished depends largely on the amount of funds made available each year for the project by appropriations of Congress and availability of cost-share funds from the County Commission.
Office The Real Estate Project Office for the McDowell County, West Virginia, Nonstructural Project has been established in Huntington, West Virginia. Office hours are 8:00a.m. until 4:44 p.m., Monday through Friday, legal holidays excepted. The Real Estate Project Manager is Kenneth Bumgardner. Applications for the project can be obtained from the CIAD Office located at 109 Wyoming Street, Second Floor, Room 203, in Welch. You may also write the Huntington office located at 502 Eighth Street, Huntington, West Virginia 25701, or call toll free at 1-888-841-9649 for further information.
Robert D. Peterson
Colonel, Corps of Engineers
District Engineer
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