---
kind: "section"
citation: "23 C.F.R. § 710.503"
title: "23"
number: "710.503"
heading: "Protective buying and hardship acquisition."
url: "https://uscodex.org/cfr/23/710.503"
---

# §710.503. Protective buying and hardship acquisition.

- (a) **General conditions.** Prior to final environmental approval of a transportation project, the grantee may request FHWA agreement to provide reimbursement for advance acquisition of a particular parcel or a limited number of parcels, to prevent imminent development and increased costs on the preferred location (Protective Buying), or to alleviate hardship to a property owner or owners on the preferred location (Hardship Acquisition), provided the following conditions are met:
  - (1) The transportation project is included in the currently approved STIP;
  - (2) The grantee has complied with applicable public involvement requirements in 23 CFR parts [450](/cfr/23/part450.md) and [771](/cfr/23/part771.md);
  - (3) A determination has been completed for any property interest subject to the provisions of [23 U.S.C. 138](/usc/23/138.md); and
  - (4) Procedures of the Advisory Council on Historic Preservation are completed for properties subject to ([54 U.S.C. 306108](/usc/54/306108.md)), (historic properties).
- (b) **Protective buying.** The grantee must clearly demonstrate that development of the property is imminent and such development would limit future transportation choices. A significant increase in cost may be considered as an element justifying a protective purchase.
- (c) **Hardship acquisitions.** The grantee must accept and concur in an owner's request for a hardship acquisition based on a property owner's written submission that—
  - (1) Supports the hardship acquisition by providing justification, on the basis of health, safety or financial reasons, that remaining in the property poses an undue hardship compared to other property owners; and
  - (2) Documents an inability to sell the property because of the impending project, at fair market value, within a time period that is typical for properties not impacted by the impending project.
- (d) **Environmental decisions.** Acquisition of property under this section is subject to environmental review under [part 771](/cfr/23/part771.md) of this chapter. Acquisitions under this section shall not influence the environmental review of a transportation project which would use the property, including decisions about the need to construct the transportation project or the selection of an alternative.

## Notes

### Source

Source: 81 FR 57729, Aug. 23, 2016, unless otherwise noted.

### Authority

Authority: Secs.1302 and 1321, Pub. L. 112-141, 126 Stat. 405. Sec. 1307, Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101(a), 107, 108, 111, 114, 133, 142(f), 156, 204, 210, 308, 315, 317, and 323; 42 U.S.C. 2000d et seq., 4633, 4651-4655; 2 CFR 200.311; 49 CFR 1.48(b) and (cc), parts 21 and 24; 23 CFR 1.32.

### Source

Source: 64 FR 71290, Dec. 21, 1999, unless otherwise noted.