ARC 8250C

ARC 8250C

Proposing rulemaking related to real property acquisition and relocation assistance and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on April 17, 2024. A public hearing was held on the following date(s):

●May 9, 2024

The Department received no comments.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.

ITEM 1.Rescind 761—Chapter 111 and adopt the following new chapter in lieu thereof:

CHAPTER 111

REAL PROPERTY ACQUISITION AND RELOCATION ASSISTANCE

761—111.1(316) Acquisition and relocation assistance manual. The September 2017 edition of Section II of the manual entitled “Uniform Manual, Real Property Acquisition and Relocation Assistance” is adopted by reference.

111.1(1) Contents. Section II establishes uniform rules and procedures that comply with Iowa law and the Federal Uniform Relocation Act for the acquisition of real property and for the provision of relocation assistance to persons who are displaced from real property as a result of programs and projects. Relocation assistance is not compensation for real property acquired nor is it compensation for damages to remaining property. Rather, relocation assistance is assistance and compensation provided to a displaced person for making the move and relocating.

111.1(2) Applicability.

a.In general, Section II applies to any program or project that involves the acquisition of real property or that causes a person to be a displaced person if the program or project:

(1)Is undertaken with federal financial assistance, or

(2)Is a road or street program or project undertaken with state financial assistance from the primary road fund, including primary road funds allocated for state park and institutional roads, or

(3)Is a public road or highway eligible for federal aid.

b.In general, Section II applies to any of the following entities that acquire real property or displace a person for a program or project described in paragraph 111.1(2)“a”:

(1)The state of Iowa.

(2)A political subdivision of the state.

(3)A department, agency or instrumentality of one or more states or political subdivisions.

(4)A utility or railroad subject to Iowa Code section 327C.2 or chapter 476, 478, 479, 479A or 479B authorized by law to acquire property by eminent domain.

(5)Any other person who has the authority to acquire property by eminent domain under state law.

(6)Any other person who acquires real property or displaces a person for a program or project described in paragraph 111.1(2)“a.”

c.Any exceptions to paragraphs 111.1(2)“a” and “b” are set out in Section II.

d.In accordance with Iowa Code section 316.9(3), an entity that provides relocation assistance benefits for any program or project is to provide an appeal process, regardless of the source of funding for the program or project. The appeal process provided is not to diminish the rights of the appellant or the scope of the appeal as described in Section II.

111.1(3) Availability of manual. Copies of the manual are available from the Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or on the department’s website at www.iowadot.gov/rightofway/brochures-and-manuals.

111.1(4) Future programs or projects. Failure to comply with Section II when acquiring real property or displacing persons for a program or project may preclude the receipt of future federal financial assistance for the program or project area.

This rule is intended to implement Iowa Code chapter 316 and sections 6B.42, 6B.45, 6B.54, 6B.55 and 310.22.