Arizona Laws 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, on proper application to the acquiring agency, for:
Terms Used In Arizona Laws 11-963
- Acquiring agency: means the state, any department, agency, board or commission of the state, counties, school districts, cities, towns, all municipal corporations, any other political subdivision of the state and any other person or entity with the power of eminent domain. See Arizona Laws 11-961
- Business: means any lawful activity, excepting a farm operation, conducted primarily by or for any of the following:
(a) For the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of products, commodities or any other personal property. See Arizona Laws 11-961
- Displaced person: means :
(a) A person who moves from real property or moves his personal property from real property either:
(i) As a direct result of a written notice of intent to acquire, the initiation of negotiations for or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency. See Arizona Laws 11-961
- Displacing agency: means the state or state agency and any political subdivision or person carrying out a program or project with federal financial assistance, or with the approval of the governing body of the acquiring agency, state or local financial assistance, which causes a person to be a displaced person. See Arizona Laws 11-961
- Farm operation: means any activity conducted primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Arizona Laws 11-961
- Lead agency: means the acquiring agency except as required by federal law. See Arizona Laws 11-961
- Person: means any individual, family, partnership, corporation or association. See Arizona Laws 11-961
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Small business: means a business as defined in paragraph 2 of this section if the number of employees of the business at the affected site is five hundred or less. See Arizona Laws 11-961
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, not to exceed two thousand five hundred dollars, to search for a replacement business or farm as the chief executive officer or designee of the lead agency deems reasonable.
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 twenty-five thousand dollars.
B. Any displaced person who is eligible for payments under subsection A of this section, 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 of this section 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 of this section, 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 of this section. 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 forty 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.