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• CHAPTER 1. INFORMATION AND REQUIREMENTS 1. INTRODUCTION. The Uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970 (hereafter referred to as the Uniform Act) became effective the date of its enact- ment, January 2, 1971. Title I, General Provisions, provides definitions of terms used in the act. Title II, Uniform Relocation Assistance, is concerned with the provision of moving and related expenses, re- placement housing payments, relocation assistance advisory services and Federal share of the cost of such payments and services. Title III, Uniform Real Property Acquisition Policy, prescribes real property acquisition procedures to be followed in acquiring real property in Federal or federally assisted pro- grams or projects. 2. PURPOSE. This advisory circular provides guidance to State and local agencies sponsoring projects under the Airport Development Aid Pro- gram (ADAP) or Federal -aid to Airports Program (FAAP) that involve the acquisition of land or the displacement of any persons, farms, or businesses after January 2, 1971, to enable them to comply with their obligations under the Uniform Act, part 25 of the Regulations of the Secretary of Transportation and FAA policies. The purpose of title II is to establish a uniform policy for the fair and equitable treatment of per- sons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the public as a whole. The purpose of title III is to establish a uniform policy for the acquisition of real property in order to encourage and expedite acquisition by agreements with owners, to avoid litigation and relieve conges- tion in the courts, to assure consistent treatment for owners in the many Federal and federally assisted programs and to promote public confidence in land acquisition practices in such programs. 3. IMPLEMENTATION. a. General Services Administration Federal Management Circular (FMC 74-8). This docu- ment converts and revises Office of Management and Budget (OMB) Circular A-103 into a Gen- eral Services Administration (GSA) Federal Man- agement Circular (FMC 74-8) in accordance with Executive Order 11717, the President's memoran- dum of September 6, 1973, to the heads of depart- ments and agencies on the subject of the Uniform Act, and OMB Bulletin 74-4, which transferred cer- tain OMB responsibilities to the GSA. FMC 74-8, dated October 4, 1974, transmits guidelines to be followed by departments and agencies for the de- velopment of regulations and procedures for im- plementing the Uniform Act. b. Part 25, OST Regulations. These regulations were issued by the Office of the Secretary of Trans- portation on May 20, 1971, consistent with those re- quired by the interim guidelines of the OMB task force. Part 25 applies to projects which are a part of a Federal or federally assisted program administered by the Department of Transportation (DOT) and authorizes operating administrations of the DOT to further implement requirements of the Uniform Act and prescribe additional procedures and require- ments that are appropriate to the particular pro- grams administered by the DOT agencies. c. Part 152, Federal Aviation Regulations (FAR's). This part of the FAR's prescribes the policies and procedures governing the administra- tion of the ADAP. It includes basic implementation of the Uniform Act requiring certain actions at specified times in project formulation and by pre- scribing prerequisites to project approval. 4. BACKGROUND. In some countries, when the heads of governments sought land owned by private individuals, the property was simply taken and the landowners or tenants were displaced with- out any requirement for compensation. The fifth amendment to the Constitution of the United States protects the citizens of this country from such in- justices by providing in part, "nor shall private property be taken for public use, without just com- pensation". The term "just compensation" has almost uni- versally been construed to mean fair market value. "Fair market value" refers only to the price the property would bring during the normal sale process and includes no compensation whatever for the other losses the landowner might sustain such as moving expenses, the increased cost of the new financing, costs incident to acquisition of replace- ment property, etc. Generally, the law and/or jurisprudence of the several States were to the effect 1