---
kind: "section"
citation: "7 C.F.R. § 767.154"
title: "7"
number: "767.154"
heading: "Conveying easements, rights-of-way, and other interests in inventory property."
url: "https://uscodex.org/cfr/7/767.154"
---

# §767.154. Conveying easements, rights-of-way, and other interests in inventory property.

- (a) **Appraisal of real property and real property interests.** The Agency will determine the value of real property and real property interests being transferred in accordance with [§ 761.7](/cfr/7/761.7.md) of this chapter.
- (b) **Easements and rights-of-way on inventory property.**
  - (1) The Agency may grant or sell an easement or right-of-way for roads, utilities, and other appurtenances if the conveyance is in the public interest and does not adversely affect the value of the real property.
  - (2) The Agency may sell an easement or right-of-way by negotiation for market value to any purchaser for cash without giving public notice if:
    - (i) The sale would not prevent the Agency from selling the property; and
    - (ii) **The sale would not decrease the value of the property by an amount greater than the price received.**
  - (3) In the case of condemnation proceedings by a State or political subdivision, the transfer of title will not be completed until adequate compensation and damages have been determined and paid.
- (c) **Disposal of other interests in inventory property.**
  - (1) If applicable, the Agency will sell mineral and water rights, mineral lease interests, mineral royalty interests, air rights, and agricultural and other lease interests with the surface land except as provided in [paragraph (b)](#b) of this section.
  - (2) If the Agency sells the land in separate parcels, any rights or interests that apply to each parcel are included with the sale.
  - (3) The Agency will assign lease or royalty interests not passing by deed to the purchaser at the time of sale.
  - (4) Appraisals of property will reflect the value of such rights, interests, or leases.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.

### Source

Source: 72 FR 63358, Nov. 8, 2007, unless otherwise noted.
