[Title 32 CFR 644.82]
[Code of Federal Regulations (annual edition) - July 1, 2003 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter J - REAL PROPERTY]
[Part 644 - REAL ESTATE HANDBOOK]
[Subpart C - Acquisition]
[Sec. 644.82 - Prerequisites to acquisition.]
[From the U.S. Government Printing Office]


3242003-07-012002-07-01true644.82Sec. 644.82NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTYREAL ESTATE HANDBOOKAcquisition
Sec. 644.82  Prerequisites to acquisition.

    (a) Authority to Begin Acquisition. Action to acquire a tract of 
land will not be initiated until the Real Estate Design Memorandum (for 
all projects except military) or Real Estate Planning Report (for Army, 
other than Civil Works, and Air Force projects) is approved and specific 
authorization of the Chief of Engineers, or the appropriate Air Force 
Regional Civil Engineer (AFRCE), to proceed with the acquisition of the 
project is received by the Division and District Engineer and funds have 
been made available. Upon such approval, the Division or District 
Engineer is authorized to initiate action for the acquisition of the 
estate approved for the particular project in accordance with the 
procedures hereinafter set forth.
    (b) Tract Description. Authority to initiate engineering planning of 
a project will state the mapping procedures provided for in Chapter 3, 
ER 405-1-12. It is necessary that land requirements be determined, that 
the various tracts be identified by ownership, and that accurate tract 
descriptions be developed. Tract ownership data may be developed by 
Division or District personnel from the local land records or procured 
by contract from a qualified local Government official, abstractor or 
title company representative.

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    (c) Title Evidence. With approval to proceed with acquisition, title 
evidence contracts can be initiated. The procedures for obtaining title 
evidence are covered in Secs. 644.61 through 644.72. Preliminary title 
evidence to confirm ownership and status of the title is prerequisite to 
negotiating for acquisition of the land or interests therein.
    (d) Appraisals. Concurrently with the procurement of title evidence, 
the appraisal of the land should begin. The appraisal, when approved, 
forms the basis for the determination of fair market value which will 
not be less than the approved appraised value. The appraisal procedures 
are covered in Subpart B. Normally, one appraisal per tract (ownership) 
will be obtained; however, in unusual cases such as those which involve 
novel, unique or controversial appraisal concepts, there is no objection 
to obtaining more than one appraisal covering the same tract if 
considered advisable by the Division or District Engineer. When fee 
tracts are acquired by eminent domain procedures, where the value of the 
property is between $50,000 and $100,000, only one appraisal need be 
provided to the Department of Justice so long as it is a contract 
appraisal; two appraisals will be provided for values exceeding 
$100,000. Easement tracts acquired by eminent domain procedures, in 
excess of $50,000, will require two appraisals. At least one of the two 
appraisals must be made by a contract appraiser. Generally, in these 
cases, the second appraisal is procured only after negotiations indicate 
that agreement on price cannot be reached and that acquisition by 
condemnation will be required. The second appraisal will be procured in 
order that the Corps can take advantage of any negotiating flexibility 
that the second appraisal may afford in order to preclude court action. 
It is also necessary that the appraisals be relatively current in point 
of time (not to exceed six months) since dependent upon the real estate 
activity and degree of stability of the local economy, significant 
changes may take place in relatively short periods of time.
    (e) Environmental Considerations. Paragraph D3, Attachment 1 to 
Enclosure 1, DOD Directive 6050.1, dated March 19, 1974, subject: 
``Environmental Considerations in DOD Actions,'' requires close 
environmental scrutiny of real estate acquisitions, disposals and 
outgrants to determine if said actions constitute a ``Major Action 
Significantly Affecting the Quality of the Human Environment 
(MASAQHE).'' If the action is determined to be a MASAQHE, then an 
environmental impact statement is required. Paragraph D3 is quoted here 
for ready reference:

    D. Certain types of actions require close environmental scrutiny 
because of the possibility that they may either affect the quality of 
the environment or create environmental controversy. It may be desirable 
in such cases to have a complete presentation of the environmental 
aspects of the proposed action available for any interested party. For 
these reasons, consideration shall be given to documenting the 
environmental effect of the following types of actions in writing: (The 
written environmental assessment need not be elaborate for actions in 
which it is readily determinable that the impact would not be 
significant; however, negative declarations must be supported by written 
environmental assessments which generally meet the EIS format 
requirements.)

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    3. Real estate acquisition, disposal and outgrants.

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