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/ ↗

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As the Seventh and Eighth Circuit cases and this case all illustrate, there may be persons displaced in fact from buildings already in the ownership of state or federal agencies who do not qualify as “displaced persons” even though the displacement results from a “program or project,” i. e., demolition. A reading of the definition as it was intended by the Uniform Relocation Act leads, as I have shown, to this conclusion. Before resting with this conclusion, however, it may be instructive to ask whether this outcome, excluding these appellees from coverage, is consistent with the overall structure of the Act, apart from whether it accords with the definition. After all, as the Act itself makes clear, a primary purpose is to assure that displaced persons “shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole.”49 Is there any support in the Act, apart from the definition, for establishing coverage for persons displaced due to acquisitions for programs but denying coverage for persons displaced from property already owned by the agency?

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