Eminent Domain takings are exempt from the requirements of Section 18 of the U.S. Housing Act of 1937 and 24 CFR 970. Taking bodies can proceed with a court proceeding or enter into a settlement agreement with the PHA. However, because of the federal government interest in public housing property, HUD's consent to the taking of public housing property is necessary, if a PHA would like to enter into a settlement agreement with a taking body in lieu of a court proceeding. PIH Notice 2012-08 provides guidance on the factors that HUD will consider in its decision to approve a settlement agreement. Alternatively, a PHA may choose to dispose property to a taking body under Section 18 if the disposition meets Section 18 justification criteria.
APPLICATION SUBMISSION REQUIREMENTS
All requests for HUD's consent for an Eminent Domain proceeding must be made electronically through PIC. The PHA must complete the applicable sections of the HUD-52860 (see Detail Matrix on page 9 of HUD-52860).
Required Forms:
Cost Comparison Spreadsheet for Conversions
TDC Limits Chart (Obsolescence)
Helpful Resources & Document Library
Special Applications Center • US Department of Housing and Urban Development
77 W. Jackson Blvd., Room 2401, Chicago, IL 60604-3507
Phone: 312-353-6236 • Email: SACTA@HUD.gov • Fax: 312-913-8892 • Staff Directory