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lii!.i~cQUISITION PROCEDURE "TRINIDAD RESERVOIR PURPOSE OF FOLDER course, be acquired first. ~~~llY, real eS- tate purchases begin 'Wi. th the area needed for the dam site, public access areas, acceSS roads, project buildings, and relocations. DETERMINATION OF VALUE The Congress of the United states has de- clared a policy that owners and tenants, whose property 1s acquired for public works projects of the United States, shall be paid a just and reasonable consideration. The Corps of Engineers Will use the fair market value con- cept arrived at by Government appraisers or en- gage" 'When required, the services of competent local appraisers and consultants to participate in this 'Work. Property owners or their repre- sentatives will be contacted by these ap- praisers and invited to accompany them during I their inspections of the property. All factors bearing upon fair values Within the scope of law Will be given full con6ideration in prepa- ration of appraisal estimates. Representatives of the Government will carry out negotiations Wi th the O'WD.ers to the same extent as is the practice between Willing buyers and Willing sellers. The Government's representative will inform the owner of land required for project purposes, the interest to be acquired and the procedures for purChase and payment. 1') .::.. c.n c..1t This folder provides seneral information to property owners and other parties interested in the policies and procedures of the Govern- ment concerning the sfquisition of real estate interests for the construction of flood con- trol projects. Construction of the Trinidad Reservoir, Purgatoire River, Colorado, was authorized by the Act of Oongress approved July 3, 1958, Second Sessio~, Public law 85-500(72 Stat.279). Construction of the project 1s under super- vision of the District Engineer, U. S. Army Engineer District, Albuquerque, Corps 01' Engineers, Albuquer~ue, New Mexico. LOCATION The Trinidad Reservoir is located on the Purgatoire River about three miles west, up- stream from..the City of .Trinidad. It is .10- cated in the southwest central portion of Las Anilllas County, and on Highway No. 12. INTERESTS' TO BE ACQUIRED The Department of the Army t 9 policy on land acquisition for reservoir projects 'was approved February 16, 1962, and published in the Federal Register dated February 22, 1962. The amount of land and character of title to be acquired is dependent upon the purposes for which the project was authorized by the Congress. In general, fee tit1.e vi1.1 be ac- quired to all lands required for the construc- tion, maintenance, and operation of the project, inclUding lands needed to meet present and future public use requirements for outdoor recreation. Fee title Will be acquired to all lands below the maximum flowage line of the reservoir area, below a selected freeboard where necessary to safeguard against the ef- fects of saturation} wave action, and bank ero-. sian; also, to permit access for mosquito control. Consideration will be given to the acqui- sition of flood flowage easements in lieu. of fee title over lands that meet all of the fol- lowing conditions: ( 1) lands lying above the storage pool; (2) lands in remote portions of the project area; (3) lands determined to be of no substantial value for public outdoor recrea- tion; (4) and it is to the financial advantage of the Government to acquire easements in lieu of fee ti tle . No buildings for human occupancy Will be permitted on lands over which the Government ac~uires a. flood flowage easement. Also, prior wr,tten approval of the District Engineer will be required before other structures are con- structed on these lands. SCilEDulE FOR lAND ACQUISITION S:!l1ce all lands are not required initially and the appropriation of funds by the Congress with which to acquire lands and build the proj- ect extends over a number of years, the rea.l estate acquisition program Will be conducted in a PROGRESSIVE manner. The areas needed f1r6t in the construction 01' the project Will, of ACQUISITION BY PURCHASE After the appraisal is completed, the owner will be contacted by a Government repre.. sentative and made a reasonable offer for his land. The landowner will be given a reasone.ble time to consider the Government I soffer. If' an agreement is reached, the Government Vill pay the owner for the land as soon as possible after an option' has 'been signed and the United States has approved the o'WD.er's title. It is the policy of the Government to pur- chase rights required in project lands by vol- untary Bale whenever possible. No high pressure methods are used in dealing With the owner. Under no circumstances is the O'WIler compell..ed to sign a purchase contract. Only when a satis- factory agreement between the Government and the o~er cannot be reached in a reasonable length of time Will the Government acquire necessary property rights through the United States District Courts in order that tte proj- ect my be completed. on schedule. The trial is held in the Federal judicial district in which the land is located, since the Court looks upon .the Government as merely one of the parties to the proceeding. The proceeding will be Con- ducted in accordance with the established rules and procedures of such courts. At the time the court action is filed an wnount consistent ..nth the Government's ap~ praisal is deposited With the Court. Immedi- ately afterward, the Court will allow the land- owner to withdraw all but the amount necessary to pay taxes and liens, prOVided the title is clear. The withdrawal does not in any way jeopardize the former owner's right to contest the Government's estimated value of the land. Affected landowners should contact the United States Attorney for the District in which the property is located.