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Section 6: Advance Acquisition of Right of Way (for LPA)

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Requirements

If a local public agency (LPA) chooses to purchase property with its own funds prior to completion of the environmental process, it may do so without jeopardizing federal participation in future project costs if certain requirements are met. These include:

LPAs should be made aware that any advance acquisition would be done totally at their financial risk, including the risk of jeopardizing prospective federal funding if the acquisition prejudices the environmental review process.

Advance acquisition also may cause considerable problems when displacements are involved since relocation funding cannot be set up prior to completion of public involvement and final environmental clearance. The LPA will be responsible for relocation costs.

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