RELOCATION APPEALS PROCESS
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1 RELOCATION APPEALS PROCESS
2 RELOCATION APPEALS PROCESS Mike Moran Relocation Supervisor Office of Land Management Minnesota Department of Transportation Kassandra Walbrun Statewide Relocation Facilitator Wisconsin Department of Transportation
3 RELOCATION APPEALS PROCESS Origination and Philosophy Laws and Regulations Eligibility and Benefits Appeals and Procedures Hearings and Decisions
4 RELOCATION ORIGINATION AND PHILOSOPHY The FEDERAL HOUSING ACT of 1949 Every American should live in affordable housing which meets minimum occupancy standards.
5 RELOCATION ORIGINATION AND PHILOSOPHY The FEDERAL HOUSING ACT of 1949 The BLATNICK REPORT (4 yr Study in the early 60 s) Congressional Committee chaired by Rep. John Blatnik of Minnesota, investigated the Federal Highway Program and held open hearings on allegations of fraud and corruption in the development of the Interstate Highway Program.
6 RELOCATION ORIGINATION AND PHILOSOPHY The FEDERAL HOUSING ACT of 1949 The BLATNICK REPORT (4 yr Study) The FEDERAL HIGHWAY ACT of 1965 After the Blatnik Report s study, Provided the first program for comprehensive, uniform and equitable treatment of persons displaced from real property acquired for federally-funded projects.
7 RELOCATION ORIGINATION AND PHILOSOPHY The FEDERAL HOUSING ACT of 1949 The BLATNICK REPORT (4 yr Study) The FEDERAL HIGHWAY ACT of 1965 The first federally-mandated program for people displaced by highway projects; providing minimal financial assistance for moving personal property and advisory assistance in finding replacement housing.
8 RELOCATION ORIGINATION AND PHILOSOPHY The FEDERAL HOUSING ACT of 1949 The BLATNICK REPORT (4 yr Study) The FEDERAL HIGHWAY ACT of 1965 The FEDERAL HIGHWAY ACT of 1968 This law provided the first additional financial benefits to assist persons in purchasing replacement housing (i.e. Replacement Housing Payments ) but only for highway projects.
9 RELOCATION ORIGINATION AND PHILOSOPHY The FEDERAL HOUSING ACT of 1949 The BLATNICK REPORT (4 yr Study) The FEDERAL HIGHWAY ACT of 1965 The FEDERAL HIGHWAY ACT of 1968 The UNIFORM RELOCATION and REAL PROPERTY ACQUISITION POLICIES ACT of 1970 a.k.a. The Uniform Act or URA establish a uniform policy for the fair and equitable treatment of persons displaced as a result of federally-assisted programs.
10 The UNIFORM RELOCATION and REAL PROPERTY ACQUISITION POLICIES ACT of 1970, as amended Objectives of the The Uniform Act 1. be uniformly applied on all federally aided projects 2. payments beyond just compensation to Owners 3. adopts the concept that no displacee should be worse off economically than before displacement 4. requires that no individual or family shall be displaced unless decent, safe and sanitary dwellings, within their financial means, are made available for immediate occupancy
11 The UNIFORM RELOCATION and REAL PROPERTY ACQUISITION POLICIES ACT of 1970, as amended Objectives of the The Uniform Act 5. encourages tenants to become homeowners 6. provides reimbursement for moving costs 7. provides minimum 90 day written notice to move 8. requires relocation services be provided to all displaced persons 9. provides displacee s the right to appeal 10. establishes uniform land acquisition policies designed to recognize and protect the rights of impacted property owners and occupants.
12 The UNIFORM RELOCATION and REAL PROPERTY ACQUISITION POLICIES ACT of 1970, as amended Public Law st Congress, January 2, U.S.C et seq. a.k.a. The Uniform Act or URA 1987 Uniform Act Amendments 1991 ICTEA Amendments 1997 Illegal Alien Act Amendments 2014 MAP-21 Amendments
13 49 C.F.R. Part 24 UNIFORM RELOCATION and REAL PROPERTY ACQUISITION for FEDERAL and FEDERALLY ASSISTED PROGRAMS Federal Highway Administration (FHWA) Codifies Uniform Act Regulation 49 C.F.R. Part 24 Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs
14 49 C.F.R. Part 24 UNIFORM RELOCATION and REAL PROPERTY ACQUISITION for FEDERAL and FEDERALLY ASSISTED PROGRAMS The Administrative Procedures Act (APA) governs the way in which Federal Agencies propose and establish regulations.
15 49 C.F.R. Part 24 UNIFORM RELOCATION and REAL PROPERTY ACQUISITION for FEDERAL and FEDERALLY ASSISTED PROGRAMS The Administrative Procedures Act (APA) requires agencies keep the public informed of their procedures and rules; provides for public participation in the rulemaking process; uniform standards for formal rulemaking and adjudication; defines the scope of judicial review.
16 49 C.F.R. Part 24 UNIFORM RELOCATION and REAL PROPERTY ACQUISITION for FEDERAL and FEDERALLY ASSISTED PROGRAMS The APA is the exclusive remedy for URA claims. See Ackerley Communications of Fla., Inc. v. Henderson, 881 F.2d 990, 993 (11th Cir. 1989) (Administrative Procedure Act is exclusive remedy for alleged violations of the URA); Many lawyers have erroneously filed URA claims under 42 USC 1983 only to realize - late in litigation that this was a fatal mistake 42 USC 1983: Civil actions on individual rights 5 USC 501: Regulatory actions of Agencies The APA has a 6 year statute of limitations, beginning: Administrative remedies have been exhausted A final Appeal Decision has been rendered
17 49 C.F.R. Part 24 UNIFORM RELOCATION and REAL PROPERTY ACQUISITION for FEDERAL and FEDERALLY ASSISTED PROGRAMS Codified Federal Regulation 49 C.F.R. Part 24 Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs STATE CONSENT LEGISLATION
18 STATE CONSENT LEGISLATION
19 MINNESOTA LAW & LEGISLATION In 1973, the Minnesota legislature enacts the Minnesota Uniform Relocation Act (MURA) Minn. Statutes Mandates acquiring authorities to: take all necessary action to insure, to the maximum extent possible, federal financial participation in any and all phases of acquisition, including the provision of relocation assistance, services, payments and benefits to displaced persons.
20 MINNESOTA LAW & LEGISLATION In 1973, the Minnesota legislature enacts the Minnesota Uniform Relocation Act (MURA) Minn. Statutes Where there is a lack of federal funding, MURA directs acquiring authorities to: provide all relocation assistance, services, payments and benefits required by the Uniform Act and those regulations adopted pursuant thereto (i.e.: 49 CFR Pt. 24)
21 MINNESOTA LAW & LEGISLATION Minnesota Statutes Cooperation with federal authorities. (re: federally funded programs or projects) mandates compliance to ensure federal funding mandates $50,000 reestablishment benefit limit Uniform Relocation Assistance. (re: non-federally funded programs or projects) adopts relocation benefits and assistance from the Uniform Act & regulations (49CFR Pt 24) mandates $50,000 reestablishment benefit limit Relocation Assistance Eligibility or Amount Determined by Administrative Law Judge
22 MINNESOTA LAW & LEGISLATION Federally Funded Programs or Projects Minnesota Statutes Cooperation with federal authorities. (re: federally funded programs or projects) mandates compliance to ensure federal funding mandates $50,000 reestablishment benefit limit State or Locally Funded Programs or Projects Uniform Relocation Assistance. (re: non-federally funded programs or projects) adopts relocation benefits and assistance from the Uniform Act & regulations (49CFR Pt 24) mandates $50,000 reestablishment benefit limit Relocation Assistance Eligibility or Amount Determined by Administrative Law Judge
23 MINNESOTA LAW & LEGISLATION Federally Funded Programs or Projects Minnesota Statutes Cooperation with federal authorities. (re: federally funded programs or projects) mandates compliance to ensure federal funding mandates $50,000 reestablishment benefit limit State or Locally Funded Programs or Projects Uniform Relocation Assistance. (re: non-federally funded programs or projects) adopts relocation benefits and assistance from the Uniform Act & regulations (49CFR Pt 24) mandates $50,000 reestablishment benefit limit Relocation Assistance Eligibility or Amount Determined by Administrative Law Judge
24 RELOCATION BENEFITS AND APPEALS Origination and Philosophy Laws and Regulations Eligibility and Benefits Appeals and Procedures Hearings and Decisions
25 RELOCATION ELIGIBILITY AND BENEFITS 49 C.F.R. Pt. 24 Uniform Act Regulations Code of Federal Regulations Uniform Relocation Assistance and Real Property Acquisition For Federal And Federally Assisted Programs
26 RELOCATION ELIGIBILITY AND BENEFITS 49 C.F.R. Pt. 24 Uniform Act Regulations Subpart A Code GENERAL of Federal Regulations Subpart B REAL PROPERTY ACQUISITION Subpart Uniform C GENERAL Relocation RELOCATION REQUIREMENTS Subpart Assistance D PAYMENTS and Real FOR MOVING AND RELATED EXPENSES Subpart Property E Acquisition REPLACEMENT For HOUSING PAYMENTS Subpart Federal F MOBILE And HOMES Subpart Federally G CERTIFICATION Assisted Programs APPENDIX A to Part 24
27 RELOCATION ELIGIBILITY AND BENEFITS 49 C.F.R. Pt. 24 Uniform Act Regulations Subpart A Code GENERAL of Federal Regulations Subpart B REAL PROPERTY ACQUISITION Subpart Uniform C GENERAL Relocation RELOCATION REQUIREMENTS Subpart Assistance D PAYMENTS and Real FOR MOVING AND RELATED EXPENSES Subpart Property E Acquisition REPLACEMENT For HOUSING PAYMENTS Subpart Federal F MOBILE And HOMES Subpart Federally G CERTIFICATION Assisted Programs APPENDIX A to Part 24
28 MINNESOTA LAW & LEGISLATION Federally Funded Programs or Projects Minnesota Statutes Cooperation with federal authorities. (re: federally funded programs or projects) mandates compliance to ensure federal funding mandates $50,000 reestablishment benefit limit State or Locally Funded Programs or Projects Uniform Relocation Assistance. (re: non-federally funded programs or projects) adopts relocation benefits and assistance from the Uniform Act & regulations (49CFR Pt 24) mandates $50,000 reestablishment benefit limit Relocation Assistance Eligibility or Amount Determined by Administrative Law Judge
29 RELOCATION BENEFITS AND APPEALS Origination and Philosophy Laws and Regulations Eligibility and Benefits Appeals and Procedures Hearings and Decisions
30 49 C.F.R Appeals RELOCATION APPEALS AND PROCEDURES An appeal is an administrative process which serves to protect the displaced person from incorrect or arbitrary actions of the agency. Generally speaking, any relocation payment or determination of ineligibility may be appealed by an aggrieved person. The agency may place a time limit on filing an appeal. prevents case remaining open an unreasonable amount of time time limit shall not be less than 60 days after the person receives written notification from the agency (re: Agency Decision)
31 RELOCATION APPEALS AND PROCEDURES 49 C.F.R Appeals Common conditions appealed: Eligibility as a displaced person Eligibility for a particular type of payment or condition The Agency s selection of Comparable Replacement Housing Displacee s actual selection of replacement housing Timely filing of a relocation claim for payment An eligible item or an amount of a moving or reestablishment expense
32 49 C.F.R Appeals RELOCATION APPEALS AND PROCEDURES a) General. b) Actions which may be appealed. c) Time limit for initiating appeal. d) Right to representation. e) Review of files by person making appeal. f) Scope of review of appeal. g) Determination and notification after appeal. h) Agency official to review appeal. MN Court of Appeals previously ruled Minnesota s appeal process be dictated by common law and constitutional procedural-due-process principles. In re Relocation Benefits of James Bros. Furniture, 642 N.W.2d 91, 96-97, (Minn. App. 2002), review denied (Minn. June 18, 2002).
33 RELOCATION APPEALS AND PROCEDURES 49 C.F.R Appeals The Code of Federal Regulations complies with minimum standards of due process. It provides for three basic steps First: that there be initial Agency Decision on claimants request.
34 RELOCATION APPEALS AND PROCEDURES 49 C.F.R Appeals Displacee claims an issue w/ Agency Rep. Rep. denies; informs Claimant in writing Claimant appeals denial Agency reviews denial w/ claimant for reconsideration Dispute Ended Claim Resolved? Issue Agency Decision 49 CFR (e)
35 RELOCATION APPEALS AND PROCEDURES 49 C.F.R Appeals The Code of Federal Regulations complies with minimum standards of due process. It provides for three basic steps First: that there be initial Agency Decision on claimants request. Second: that the aggrieved party may file a written appeal of the initial Agency Decision. (49 C.F.R (b)) Upon receipt of a written appeal, the Agency then selects an official to review the appeal. (Appeal Officer)
36 RELOCATION APPEALS AND PROCEDURES 49 C.F.R Appeals Office issues Agency Decision (must comply with 49 C.F.R (e) ) Claimant settles w/agency or withdraws claim Claimant files a written Appeal w/ Agency Agency assigns Appeal Officer (49C.F.R (h)) Appeal Officer presides over Hearing Dispute Ended Appeal Officer provides written decision
37 RELOCATION APPEALS AND PROCEDURES 49 C.F.R Appeals The Code of Federal Regulations complies with minimum standards of due process. It provides for three basic steps First: that there be initial Agency Decision on claimants request. Second: Third: that the aggrieved party may file a written appeal of the initial Agency Decision. (49 C.F.R (b)) Upon receipt of a written appeal, the Agency then selects an official to review the appeal. (Appeal Officer) If the official conducting the appeal does not grant the full relief requested, the official must explain the decision and advise the person of his or her right to seek judicial review. (49 C.F.R (g) )
38 RELOCATION BENEFITS AND APPEALS Origination and Philosophy Laws and Regulations Eligibility and Benefits Appeals and Procedures Hearings and Decisions
39 49 C.F.R Appeals MINNESOTA HEARINGS AND DECISIONS Minnesota Perspective Hearing Officers were most often from the displacing Agency This contributed to a perception by many of a biased Numerous Hearing Offer assignments were challenged by counsel active in representing displaced persons Those challenges were denied by Minnesota Courts Eminent Domain laws were revised in 2006 due to Kelo M.S Uniform Relocation Assistance. (re: non-federally funded programs or projects) Relocation Assistance Eligibility or Amount Determined by Administrative Law Judge
40 49 C.F.R Appeals MINNESOTA HEARINGS AND DECISIONS Displacee claims an issue w/ Agency Rep. Rep. denies; informs Claimant in writing Claimant appeals denial Agency reviews denial w/ claimant for reconsideration Dispute Ended Claim Resolved? Issue Agency Decision 49 CFR (e)
41 49 C.F.R Appeals MINNESOTA HEARINGS AND DECISIONS Office issues Agency Decision (must comply with 49 C.F.R (e) ) Project authorized under M.S (Federal Funds) Project authorized under M.S (State Funds) Agency assigns Appeal Officer (49C.F.R (h)) Administrative Law Judge (ALJ) presides over Contested Case Hearing ALJ issues Findings/Recommendation / Final Decision
42 49 C.F.R Appeals MINNESOTA HEARINGS AND DECISIONS ALJ issues Findings/Recommendation / Final Decision Project authorized under M.S (Federal Funds) Project authorized under M.S (State Funds) Oral Arguments to Appeal Officer Appeal Officer issues FINAL Agency Decision Report of ALJ constitutes FINAL Decision on the matter. All parties advised of right to seek Judicial Review
43 MINNESOTA HEARINGS AND DECISIONS
44 RELOCATION BENEFITS AND APPEALS Origination and Philosophy Laws and Regulations Eligibility and Benefits Appeals and Procedures Hearings and Decisions
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