until the RDA and HUD comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq. (1971) (hereinafter ACT).
In their original Complaint, the Plaintiffs allege that HUD's grant, loan, or other funding of the RDA is unlawful because the RDA has failed to comply with the following sections of the ACT:
(1) Section 301(3), 42 U.S.C. § 4651(3); the RDA has not provided Plaintiffs with a written statement of and summary of the basis for the amount it established as just compensation; and
(2) Section 302, 42 U.S.C. § 4652; the RDA has not offered Plaintiffs a sum for its real estate, improvements, and machinery and equipment permanently installed in its premises.
In their Amended Complaint, Plaintiffs added to the list of sections of the ACT with which they allege the RDA has failed to comply:
(1) Section 205, 42 U.S.C. § 4625; the RDA has not offered the Plaintiffs relocation assistance.
(2) Section 213, 42 U.S.C. § 4633; the RDA has refused to review or provide a forum for review of Plaintiffs' grievances as to the payment for his property.
(3) Section 301(4), 42 U.S.C. § 4651(4); the RDA has required Plaintiffs to valuate their premises without first offering to pay them the value set at its own approved appraisal.
(4) Section 301(7), 42 U.S.C. § 4651(7); the RDA has refused to offer Plaintiffs the amount of its approved appraisal, has attempted to dispossess Plaintiffs and coerce them into accepting an amount below its own accepted and approved appraisal.
Plaintiffs have alleged violation of sections appearing under both Subchapter II and Subchapter III of the ACT. The provisions of Subchapter II govern relocation assistance to be rendered to persons displaced as a result of Federally assisted programs. The provisions of Subchapter III govern real property acquisition to implement the Federally assisted programs. We shall first consider the Motions to Dismiss with respect to the Subchapter III allegations, specifically § 301(3), § 301(4), § 301(7) and § 302.
Pursuant to § 305, 42 U.S.C. § 4655, the requirements of Subchapter III of the ACT are applicable only to real property acquired after January 2, 1971, which is the effective date of the ACT. Section 305 provides, to wit:
Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with a State agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after January 2, 1971, unless he receives satisfactory assurances from such State agency that --