11-963

11-963. Payment of moving and related expenses; substitute payments

A. The displacing agency, as a part of the cost of the project, shall make a payment to a displaced person, business or farm operation, upon proper application to the acquiring agency, for:

1. Actual reasonable expenses in moving himself and his family, business, farm operation or other personal property, as determined by the lead agency.

2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the lead agency.

3. Actual reasonable expenses of not to exceed one thousand dollars in searching for a replacement business or farm, provided, however, that in exceptional cases an amount greater than one thousand dollars may be authorized by the chief executive officer or designee of the lead agency.

4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, as determined by criteria established by the lead agency, but not to exceed ten thousand dollars.

B. Any displaced person who is eligible for payments under subsection A, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection A may receive a moving expense and dislocation allowance, determined according to a schedule established by the lead agency.

C. A displaced person who is eligible for payments under subsection A, who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection instead of the payment authorized by subsection A. This payment consists of a fixed payment in an amount determined by criteria established by the lead agency, except that the payment shall not be less than one thousand dollars nor more than twenty thousand dollars. A person whose sole business at the displacement property is the rental of the property to others does not qualify for a payment under this subsection.