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37.0116 Practices generally.

Cite as [A.S.A.C. § 37.0116]

(a) In acquiring real property the government will to the greatest extent practicable;

(1) make every reasonable effort to acquire real property expeditiously through

negotiation;

(2) before the initiation of negotiations have the real property appraised and give the

owner or his representative an opportunity to accompany the appraiser during the inspection of the property;

(3) before the initiation of negotiations, establish an amount which is believed to be just

compensation for the real property, and make a prompt written offer to acquire the property for that amount. In no event will the just compensation offered by less than the government’s approved appraisal of the fair maker value of such property. At the time the government makes an offer to purchase real property, the written statement of the basis for the amount estimated to be just compensation. In determining just compensation for the property, any increase or decrease of the fair market value caused by the public improvement for which the property is acquired prior to the date of valuation will be disregarded, other than that caused by physical deterioration;

(4) before requiring any owner to surrender possession of any real property:

(A) pay the agreed purchase price; or

(B) deposit with the court, for the benefit of the owner, an amount not less that the government’s approved appraisal of the fair market value of the property; or

(C) pay the amount of the award of compensation in a condemnation proceedings for the property:

(4) if interest in the real property is to be acquired by exercise of power of eminent

domain, institute formal condemnation proceedings and not intentionally make it necessary for the owner to institute legal proceedings to prove the fact of the taking of this real property; and

(5) if the acquisition of only part of the property will leave its owner with an uneconomic

remnant, offer to acquire that remnant.

(f) In acquiring real property, to the greatest extent practicable, the government will not;

(1) schedule a construction or development of the public improvement that will require

any person lawfully occupying real property to move from a dwelling, or to move his business or farm operation, without giving that person at least 90 days’ written notice of the date he is required to move;

(2) if acquired property is rented to the former owner or tenant for a short term of subject

to termination by the government on short notice, charge a rent that is more than the fair rental value of the property to a short-term occupant;

(3) advance the time of condemnation;

(4) defer negotiations, condemnation, or deposit of funds in court for use of the owner; or

(5) owner to agree to a price for his property.

(f) Should a court determine condemnation was unauthorized or the property owner

obtain a judgment in the nature of inverse condemnation, or should the government abandon condemnation, then the owner shall be reimbursed for reasonable expenses of litigation, in line with Section 304, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(g) Nothing in this chapter should be construed to preclude a donation by an owner after

his property has been appraised and the full amount of the estimated just compensation has been tendered to him.

History: Relocation Asst. and Prop. Acq. Regs., eff prior to 1975, Reg. 3.03