Osburn

This case requires us to review a seldom litigated provision of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended (hereinafter Act). ( 42 U.S.C. § 4601 et seq.) On the peculiar facts presented here we hold that appellant Dennis Osburn, although found to be a “displaced person” under the Act, is not entitled to “Last Resort Housing” benefits because he was not required to move from his dwelling and has no need to replace his residence.

Facts and Procedural Background

Osburn first moved to his home located at 37038 Highway 41, Coarse-gold, California, in 1967. On October 1, 1986, respondent California Department of Transportation (Department), in connection with plans for the realignment of Highway 41, made Osburn a written offer to purchase a portion of his property. Osburn rejected the initial proposal because the offer did not include his residence. A second written offer, including an offer to purchase the residence, was made on January 23, 1987. The plan to realign Highway 41 was part of a federally funded highway project. Thus, the Department’s acquisition of property in connection with the project is governed by the…