902 - Moving and related expenses of displaced persons.

     § 902.  Moving and related expenses of displaced persons.        (a)  Reasonable expenses incurred.--            (1)  A displaced person shall be reimbursed for        reasonable expenses incurred in moving the displaced person        and the person's family and for the removal, transportation        and reinstallation of personal property.                (i)  Receipts shall be prima facie evidence of            incurred reasonable moving expenses.                (ii)  Any displaced person who is displaced from a            dwelling may elect to receive, in lieu of reimbursement            of incurred moving expenses, a moving expense and            dislocation allowance determined according to a schedule            established by the acquiring agency.            (2)  As used in this subsection, the following words and        phrases shall have the meanings given to them in this        paragraph:            "Displaced person."  Includes a person who moves from        real property or moves personal property:                (i)  as a direct result of a written notice of intent            to acquire or the acquisition of other real property, in            whole or in part, on which the person conducts a business            or farm operation for a program or project undertaken by            an acquiring agency; or                (ii)  as a direct result of rehabilitation,            demolition or other displacing activity of other real            property on which such person conducts a business or a            farm operation under a program or project undertaken by            an acquiring agency if the displacement is permanent.        (b)  Damages for dislocation of business or farm operation.--     A displaced person who is displaced from a place of business or     from a farm operation shall be entitled, in addition to any     payment received under subsection (a), to damages for     dislocation of business or farm operation as follows:            (1)  Damages equal to the value in place of the personal        property which:                (i)  is not moved because of the discontinuance of            the business or farm operation or the unavailability of a            comparable site for relocation; or                (ii)  cannot be moved without substantially            destroying or diminishing its utility in the relocated            business or farm operation.            (2)  (i)  In lieu of the damages provided in paragraph            (1), at the option of the displaced person, an amount not            to exceed $12,000 to be determined by taking 50% of the            difference, if any, between the original cost of the            personal property to the displaced person or the            replacement cost of equivalent property at the time of            sale, whichever is lower, and the net proceeds obtained            by the displaced person at a commercially reasonable            private or public sale.                (ii)  If this option is selected, the displaced            person shall give the acquiring agency not less than 60            days' notice in writing of intention to seek damages            under this option.                (iii)  The displaced person shall not, directly or            indirectly, purchase any of the personal property at            private sale. Inventory shall be paid for under this            option only if the business is not relocated.            (3)  Actual reasonable expenses in searching for a        replacement business or farm.            (4)  Actual reasonable expenses necessary to reestablish        a displaced farm, nonprofit organization or small business at        its new site, but not to exceed $12,000. Sites occupied        solely by outdoor advertising signs, displays or devices do        not qualify for this benefit.            (5)  (i)  In addition to damages under subsection (a) and            paragraphs (1), (2), (3) or (4), damages in an amount            equal to the average annual net earnings but not more            than $60,000 nor less than $3,000.                (ii)  Payment shall be made only if the business            cannot be relocated without a substantial loss of profits            and if the business is not part of a commercial            enterprise having more than three other entities which            are not being acquired by the acquiring agency and which            are under the same ownership and are engaged in the same            or similar business activities.                (iii)  A person whose sole business at a dwelling            from which the person is displaced is the rental of such            property to others shall not qualify for a payment under            this paragraph.                (iv)  As used in this paragraph, the term "average            annual net earnings" means one-half of any net earnings            of the business or farm operation before Federal, State            and local income taxes during the two taxable years            immediately preceding the taxable year in which the            business or farm operation moves from the real property            acquired for a project and includes any compensation paid            by the business or farm operation to the owner, a spouse            or dependents during this period. The regulations            promulgated under section 906 (relating to regulations)            may designate another period determined to be more            equitable for establishing average annual net earnings as            long as the designated period does not produce a lesser            payment than would be produced by use of the last two            taxable years.        Cross References.  Section 902 is referred to in sections     103, 507, 515, 521, 907 of this title.