• When is a public corporation or state agency required to compensate an individual 125% of fair market value for property required for a public use?   (as stated in PA 367 of 2006) (5) In order to be eligible for reimbursement under this subsection, the individual's principal residential structure must be actually taken or the amount of the individual's private property taken leaves less property contiguous to the individual's principal residential structure than the minimum lot size if the local governing unit has implemented a minimum lot size by zoning ordinance.  
• Are airport sponsors required to pay 125% of fair market value (appraised value) for avigation easements?   NO.  Public Act 367 clearly states that either the structure has to be taken or the result of the partial acquisition leaves less property than the minimum lot size under a zoning ordinance.  Unless the structure is an obstruction to an approach it does not need to be acquired and therefore 125% of fair market value is not required.  
• Does a public agency (airport sponsor) need to offer compensation for loss of property tax exemption if the principal residence (structure) is acquired?  YES.  The agency's Good Faith Offer shall also include a property tax reimbursement based on the following formula:  (SEV - Taxable Value) x Millage Rate x #years (max 5 yrs) . 
• A Principle Residence Payment Summary  can be used to help explain compensation amounts. 
• How are public agencies (airport sponsors) and property acquisition projects impacted by the new Eminent Domain Law changes (summary of law changes)? 

**Environmental impacts need to be considered prior to land acquisitions** .
Environmental Audit of Suspected Contaminated Property 
Prior to the appraisal of any land that is to be acquired, including donated land, the sponsor should secure an environmental audit of suspected contaminated property and provide the results to the appraiser for inclusion in the appraisal report. Appraisers should be aware of and report to the sponsor, before completion of the appraisal, actual property conditions that exist at a site that may warrant further environmental investigation. The appraiser may not assume the property is free of contamination when conducting an appraisal. 

A DEQ Notice of Abondoned Container Form must be completed if a property owner relocates from the property and leaves behind hazardous materials. 

For more information, see FAA Environmental Program or the environmental section 

MDOT Guidelines for Land Acquisitions at Public Airports 

MDOT Demolition Guidelines 

Overview of Airport Land Acquisition 

Acquisition-Relocation Checklist (PDF fillable) 

Federal Aviation Administration Resources (FAA) 

see Forms and Clauses page for recommended land forms. 

• CFR49 Part 24 Uniform relocation assistance and real property acquisition for federal and federally-assisted programs.
  (Airports receiving federal funding must always comply with this law for all land acquisition and relocation activities.) 
• FAA - Acquiring Land for Airports and Relocation Assistance 
• FAA - Order 5100.37b (8-1-05) - Land Acquisition and Relocation Assistance for Airport Projects
  • 5100.37b - summary of changes 
• FAA - AC 150/5100-17 - Land Acquisition and Relocation Assistance for AIP Assisted Projects 
• FAA - AIP Sponsor Guide (Land Acquisitions) 
• Administrative Settlements (MDOT approval required for any amount over the appraised fair market value)     
  • CFR49 Part 24, subpart B, 24.102 (Basic Acquisition Policies) 
  • FAA - Administrative Settlement Requirements 
  • Chapter 3, AC 150/5100-17 
• FAA - Airport Land Acquisition 
• FAA - overview of airport land acquisitions  
• FAA - Land Acquisition Checklist 
• FAA - Land Acquisition for Public Airports (handbook) 
• FAA - Real Estate Guidance - Land Acquisition Guidelines 
• FAA - Order 5100.38C - Airport Improvement Program Handbook (see Chapter 7 - Land Acquisition Projects) 
• FAA - Land Options in Federally Funded Airport Projects 

Federal Highway Administration Resources (FHWA) 
* FHWA is a good source for project information since all land acquisition projects with federal participation are required to complete projects in accordance with CFR 49 Part 24. 

• FHWA - Land Acquisition Resources 
• FHWA - Acquiring Real Property for Federal and Federal-Aid Programs and Projects 
• FHWA - Project Development Guide for Right of Way Projects (useful for developing a Federally assisted acquisition project) 
• FHWA - "Real Estate Acquisition Guide for Local Public Agencies" 

For additional information related to land acquisitions consultants, see Consultant Selection Resources 

Please note: All costs must obtain prior Aero approval in order to be considered eligible for state or federal funds.

FAA recommended land acquisition related forms