§ 169.114. How will BIA determine fair market value for a right-of-way?
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/us/cfr/t25/s§ 169.114·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)We will use a market analysis, appraisal, or other appropriate valuation method to determine the fair market value before we grant a right-of-way over or across individually owned Indian land. We will also use a market analysis, appraisal, or other appropriate valuation method to determine, at the request of the tribe, the fair market value of tribal land.
(b)We will either:
(1)Prepare, or have prepared, a market analysis, appraisal, or other appropriate valuation method; or
(2)Approve use of a market analysis, appraisal, or other appropriate valuation method from the Indian landowners or grantee.
(c)We will use or approve use of a market analysis, appraisal, or other appropriate valuation method only if it:
(1)Has been prepared in accordance with USPAP or a valuation method developed by the Secretary under 25 U.S.C. 2214 and complies with Departmental policies regarding appraisals, including third-party appraisals; or
(2)Has been prepared by another Federal agency.
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§ 169.114
How will BIA determine fair market value for a right-of-way?
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