HUD-52860-F Eminent Domain Addendum

Eminent Domain Addendum HUD-52860-F

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

OMB Approval No. 2577-0075 (exp. 08/31/2023)

Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.  Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, Office of Policy Development and Research, REE, Department of Housing and Urban Development, 451 7th St SW, Room 4176, Washington, DC 20410-5000.  When providing comments, please refer to OMB Approval No. 2577-0075. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. Do not send this form to the above address. Responses to the collection are necessary for HUD to review applications for removals of public housing property proposed for eminent domain takings. HUD will use this information to review Public Housing Authority (PHA) requests, as well as to track removals for other record keeping requirements. Please refer to the instructions for guidance on completing this form. There is no personal information contained in this application. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when disclosure is not required. The information collected will not be held confidential.

Section 1: Name of Taking Body
Name of Taking Body:

Section 2: Agreement of Taking Body

Attach the Agreement between Taking Body and PHA.

Section 3: Authority of Taking Body

Attach evidence that the Taking Body has the authority under applicable State laws to acquire the public housing property and has taken the first step of the taking.

Section 4: Compensation
Is the Taking Body proposing monetary compensation or replacement property?	Monetary Compensation of $      Replacement Property
If the proposed compensation is replacement property, attach a narrative description of the property and how it meets the replacement requirements of PIH Notice 2012-8 (or any replacement notice). If the proposed compensation is monetary, attach a narrative description of how the PHA will use the compensation.
Appraised Value:
Attach evidence of the estimated Fair Market Value (FMV) of the property proposed for the taking (as determined by an independent appraiser).
Acceptability of Proposed Compensation Amount:
Attach a statement as to why the compensation proposed by the Taking Body is acceptable to the PHA and why the PHA believes it meets the requirements of PIH Notice 2012-8 (or any replacement notice).

Section 5: Resident Consultation

Attach evidence that the Taking Body and/or the PHA has consulted the residents who will be affected by the proposed taking and that these residents have been notified of the taking, as required by applicable Federal, State, and local laws.

Section 6: Relocation
If the property proposed for taking includes units, are those units occupied as of the date of this application?	Yes No N/A
If no, attach an explanation of how and when the units were vacated. *If yes, attach evidence that the Taking Body will provide relocation assistance to the residents in accordance with PIH Notice 2012-8 (or replacement notice), and all applicable Federal, State, and local laws, along with evidence that the residents have entered into an agreement with the Taking Body regarding relocation.

Instructions: Eminent Domain Addendum Form HUD-52860-F

This information is required as a supplement to the HUD-52860 for all inventory removal actions where a Taking Body is proposing to condemn property of a PHA through an eminent domain proceeding based on the federal government interest in the property under the Annual Contributions Contract (ACC) and Declaration of Trust. HUD will use this information to determine whether, and under what circumstances, to consent to an eminent domain condemnation of PHA property. Responses to this collection of information are based on HUD Policy and are required to obtain a benefit. The information requested does not lend itself to confidentiality. This HUD-52860-F (Eminent Domain Addendum) (“EDA”) is submitted by the PHA in accordance with the requirements of PIH Notice 2012-8, or any subsequent notice that HUD may issue, on the takings of public housing property by a government or quasi-government body (“Taking Body”) through an eminent domain proceeding.

Eminent domain is an exercise of the power of a government or “quasi-government” body (“Taking Body”) to take property for a public use upon just compensation to the owner. Pursuant to 24 CFR 970.3(b)(8), takings under eminent domain are exempt from HUD regulations under this section. However, HUD may consent to an agreement between a PHA and a Taking Body on a case-by-case basis if the interests of public housing residents, PHAs, and HUD are adequately protected. For additional guidance in completing the questions, refer to PIH Notice 2012-8 (or replacement notice).

On Section 4, note that, in accordance with PIH Notice 2012-8 (or any replacement notice) any compensation that a PHA may receive from a taking of public housing dwelling units must generally first be used by the PHA to acquire or otherwise develop replacement public housing units. Any compensation that a PHA may receive from a taking of non-dwelling public housing property (e.g., vacant land, office building) is non-rental (program) income and must be used in accordance with the requirements of Section 9(k) of the U.S. Housing Act of 1937 and applicable requirements of 2 CFR part 200.

On Section 5, note that although the HUD-52860 SAC application requires a PHA to complete some information on resident consultation, section 5 should be completed to describe any additional consultation that was done in accordance with PIH Notice 2012-8 (or any replacement notice).

Provide attachments as needed

All attachments must reference the Page 1 of 1 form HUD-52860-F (04/2018)

Section and line number to which they apply.

Previous version obsolete