General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph. a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 3 contracts
Samples: Design and Construction Assistance Agreement, Construction Assistance Agreement, Construction Assistance Agreement
General Valuation Procedure. Except as provided in paragraph C.3. 13.c, or paragraph C.5. of this Article13.d, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraphaccording to paragraph 13.b.i, unless a different amount is determined later to represent fair market value according to paragraph 13.b.
a. i. The Non-Federal Sponsor shall obtain, for each that real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the GovernmentGLNPO. The appraisal must shall be prepared in accordance with according to the applicable rules of just compensation, as specified by the GovernmentGLNPO. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s 's appraisal, if such appraisal is approved by GLNPO approves the Governmentappraisal. In the event the Government If GLNPO does not approve the Non-Federal Sponsor’s 's appraisal, the Non-Federal Sponsor GLNPO may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s GLNPO's appraisal, if such appraisal is approved by the Non-Federal SponsorSponsor approves the appraisal. In the event If the Non-Federal Sponsor does not approve the Government’s GLNPO's appraisal, the GovernmentGLNPO, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s both parties’ appraisals and shall determine an amount based thereon, which shall be deemed to be the fair market valuevalue based on both appraisals.
b. ii. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article13.b.i, the GovernmentGLNPO, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation consulting with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article13.b.i, but not to exceed the amount actually paid or proposed to be paid. If the Government GLNPO approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article13.b.i.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Non- Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Cost Sharing Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Non- Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Environmental Infrastructure Model Agreement for Construction Assistance
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5B.3. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions paragraph B.2.a. of this paragraphArticle, unless thereafter a different amount is determined to represent fair market value in accordance with paragraph B.2.b. of this Article.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s 's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s 's appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s 's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s 's second appraisal, or the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s 's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s 's appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s 's and the Non-Non- Federal Sponsor’s 's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.aB.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.aB.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.aB.2.a. of this Article.
Appears in 1 contract
Samples: Project Cooperation Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Non- Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Cost Allocation Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5B.3. of this Article, the fair market value of lands, easements, or rights-of-way rights -of -way shall be determined in accordance with the provisions paragraph B.2.a. of this paragraphArticle, unless thereafter a different amount is determined to represent fair market value in accordance with paragraph B.2.b. of this Article.
a. The Non-Non - Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non - Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Non - Federal Sponsor’s 's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Non - Federal Sponsor’s 's appraisal, the Non-Non - Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Non - Federal Sponsor’s 's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Non - Federal Sponsor’s 's second appraisal, or the Non-Non - Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s 's appraisal, if such appraisal is approved by the Non-Non - Federal Sponsor. In the event the Non-Non - Federal Sponsor does not approve the Government’s 's appraisal, the Government, after consultation with the Non-Non - Federal Sponsor, shall consider the Government’s 's and the Non-Non - Federal Sponsor’s 's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Non - Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. B.2.
a. of this Article, the Government, at the request of the Non-Non - Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Non - Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.aB.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Non - Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.aB.2.a. of this Article. CED205.PCA 3/12/98 7:34 AM i 3. Eminent Domain Valuation Procedure. For lands, easements, or rights - of -way acquired by eminent domain proceedings instituted after the effective date of this Agreement, the Non - Federal Sponsor shall, prior to instituting such proceedings, submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings. The Government shall have 60 days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing.
a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes noJaction on, the appraisal within such 60 -day period, the Non - Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding.
b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval, within such 60 -day period, the Government and the Non - Federal Sponsor shall consult in good faith to promptly resolve the . issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the Non - Federal Sponsor agree as to an appropriate amount, then the Non - Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation, the Government and the Non - Federal Sponsor cannot agree as to an appropriate amount, then the Non - Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands, easements, or rights -of -way acquired by eminent domain proceedings instituted in accordance with sub - paragraph B.3. of this Article, fair market value shall be either the amount of the court award for the real property interests taken, to the extent the Government determined such interests are required for the construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Government approves in writing.
Appears in 1 contract
Samples: Project Cooperation Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5C.4. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Non- Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Project Partnership Agreement
General Valuation Procedure. Except as provided in paragraph Paragraph C.3. or paragraph Paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor Sponsors shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non- Federal Sponsor Sponsors and the Government. The Non-Federal Sponsor Sponsors shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsors provide the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s Sponsors’ appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s Sponsors’ appraisal, the Non-Federal Sponsor Sponsors may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s Sponsors’ second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s Sponsors’ second appraisal, the Non-Federal Sponsor chooses Sponsors choose not to obtain a second appraisal, or the Non-Federal Sponsor does Sponsors do not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal SponsorSponsors. In the event the Non-Federal Sponsor does Sponsors do not approve the Government’s appraisal, the Government, after consultation with the Non-Non- Federal SponsorSponsors, shall consider the Government’s and the Non-Federal Sponsor’s Sponsors’ appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor Sponsors for the real property interest exceeds the amount determined pursuant to paragraph Paragraph
C.2.a. of this Article, the Government, at the request of the Non-Federal SponsorSponsors, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal SponsorSponsors, may approve in writing an amount greater than the amount determined pursuant to paragraph Paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal SponsorSponsors, but no less than the amount determined pursuant to paragraph Paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Design Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5C.4. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Non- Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph paragraph
C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Project Partnership Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 1715] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Non- Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Project Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 1723] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Non- Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Project Partnership Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this ArticleParagraph 12.c, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraphaccording to Paragraph 12.b.i, unless a different amount is determined later to represent fair market value according to Paragraph 12.b.
a. i. The Non-Federal Sponsor shall obtain, for each that real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the GovernmentGLNPO. The appraisal must shall be prepared in accordance with according to the applicable rules of just compensation, as specified by the GovernmentGLNPO. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s 's appraisal, if such appraisal is approved by GLNPO approves the Governmentappraisal. In the event the Government If GLNPO does not approve the Non-Federal Sponsor’s 's appraisal, the Non-Federal Sponsor GLNPO may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s GLNPO's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor approves the appraisal. If the Non- Federal Sponsor does not approve the Government’s GLNPO's appraisal, the GovernmentGLNPO, after consultation with the Non-Non- Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s both parties’ appraisals and shall determine an amount based thereon, which shall be deemed to be the fair market valuevalue based on both appraisals.
b. ii. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this ArticleParagraph 12.b.i, the GovernmentGLNPO, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation consulting with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this ArticleParagraph 12.b.i, but not to exceed the amount actually paid or proposed to be paid. If the Government GLNPO approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this ArticleParagraph 12.b.i.
Appears in 1 contract
Samples: Project Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5B.3. of this Article, the fair market value of lands, easements, or rights-of-way rights -of -way shall be determined in accordance with the provisions paragraph B.2.
a. of this paragraphArticle, unless thereafter a different amount is determined to represent fair market value in accordance with paragraph B.2.b. of this Article.
a. The Non-Non - Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Non - Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each appraisal to the Government. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Non - Federal Sponsor’s 's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Non - Federal Sponsor’s '. s appraisal, the Non-Non - Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Non - Federal Sponsor’s 's second appraisal, if such appraisal is approved by the Government. In the event the Government does not does.not approve the Non-Non - Federal Sponsor’s 's second appraisal, or the Non-Non - Federal Sponsor chooses not to obtain a 'second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government Goverrment =shall obtain obtau an appraisal, and the fair market value mar ketyalue shall be the amount set forth set`forth in the Government’s appraisalGovernmer tisrappraisal, if such appraisal is approved by the Non-Federal SponsorNon Federal;Sponsor. In Iri the event 'the Non-N8' n= Federal Sponsor 'does not not. approve the the. Government’s 's appraisal, the Government, after consultation with the Non-Non- Federal Sponsor, shall consider the Government’s 's and the Non-Non- Federal Sponsor’s 's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Non - Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. B.2.
a. of this Article, the Government, at the request of the Non-Non - Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Non - Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.aB.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Non - Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.aB.2.a. of this Article. 9 CED205TCA 3/12/98 T34 AM 3.
Appears in 1 contract
Samples: Project Cooperation Agreement
General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-Federal Sponsor and the Government. The Non-Federal Sponsor shall provide a copy of each the Government with the appraisal to no later than 6 months after the GovernmentNon-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. [SEE NOTE - 17] The fair market value shall be the amount set forth in the Non-Federal Sponsor’s appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor’s second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor’s second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government’s appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government’s appraisal, the Government, after consultation with the Non-Federal Sponsor, shall consider the Government’s and the Non-Federal Sponsor’s appraisals and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article.
Appears in 1 contract
Samples: Project Agreement