Special Application Center

Eminent Domain (Section 18)

Eminent Domain is an exercise of the power of government or quasi-government agencies (such as airport authorities, highway commissions, community development agencies, and utility companies) to take private property for public use. Sometimes these entities may propose to use their eminent domain authority to take public housing property.

 

Eminent Domain (Section 18)

Eminent Domain is an exercise of the power of government or quasi-government agencies (such as airport authorities, highway commissions, community development agencies, and utility companies) to take private property for public use. Sometimes these entities may propose to use their eminent domain authority to take public housing property.

 

 


Eminent Domain takings are exempt from the requirements of Section 18 of the U.S. Housing Act of 1937, 24 CFR 970, and PIH Notice 2012-08. 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. 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: