Section 205

Citation: Section 205
Parent Document: Cole v. Harris, 187 U.S. App. D.C. 156 (1977)
Jurisdiction: United States (federal)
Effective Date: 1977-11-14
Original Source: https://www.courtlistener.com/opinion/7891523/cole-v-harris/ ↗

Full Text

1,000 chars

If, as the Eighth Circuit has maintained, Congress meant to provide coverage only for displacements connected with acquisitions, it would depart from that purpose to read the notice clause as the majority reads it here. Whenever an agency wishes to vacate property it already owns for some new “project or program,” it presumably gives written notice to the occupying tenants. If that notice alone is said to qualify the tenants as “displaced persons,” then the Act will be applying to all varieties of displacements that are not remotely related to “acquisitions.” Based on the legislative history, other provisions of the statute, and available case law, I believe instead that in its definition of “displaced person” the Uniform Relocation Act is concerned with displacements from “acquisitions.” And, thus, in this case, since the involuntary taking of the property due to default and foreclosure was not an “acquisition” for a “program or project,” these appellees cannot be “displaced persons.”

Other Sections in This Document (158)

Full Text