Direct land acquisition by Rural Development.

CFR · 2024-01-01 · US · Title 7

(a) Rural Development may take action to acquire real property directly upon the written request of the Governor of the State in which the real property is located. Rural Development will not acquire real property directly under this section without such a request. (b) All requests for direct land acquisition should be submitted to the Rural Development State Director. The following conditions must be met prior to the submission of a request for direct acquisition by Rural Development: (1) The State or local government serving the area must lack power to condemn land of this type for this purpose and must supply an opinion by the State Attorney General that this authority is lacking; (2) The real property is to be used as a site for needed housing, public facilities, or services; (3) The site acquisition is called for in a Rural Development approved plan; (4) The site is specifically identified by a Rural Development approved plan; (5) State and local governments have been unable to obtain the real property for a price which does not substantially exceed its fair market value; and suitable alternate sites are not available; (6) The land is not Indian Trust land; (7) The land is not U.S. Forest Service land; and (8) There is legal authority to undertake the proposed project. (c) Rural Development may acquire Federal real property not prohibited in paragraphs (b) (6) and (7) of this section for purposes contained in this subpart. Farm land (Class I and II) will not be considere

official document · source cfr-2024 · id 7:§ 1948.88