42 USC 4622 – Moving and related expenses
(a) General provision
Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide for the payment to the displaced person of—
(1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;
(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 head of the agency;
(3) actual reasonable expenses in searching for a replacement business or farm; and
(4) actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed $25,000, as adjusted by regulation, in accordance with section 4633(d) of this title.
(b) Displacement from dwelling; election of payments: expense and dislocation allowance
Terms Used In 42 USC 4622
- business: means any lawful activity, excepting a farm operation, conducted primarily&mdash. See 42 USC 4601
- displaced person: means , except as provided in subparagraph (B)&mdash. See 42 USC 4601
- displacing agency: means any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person. See 42 USC 4601
- farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See 42 USC 4601
- lead agency: means the Department of Transportation. See 42 USC 4601
- person: means any individual, partnership, corporation, or association. See 42 USC 4601
- Personal property: All property that is not real property.
- State: means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. See 42 USC 4601
Any displaced person 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 an expense and dislocation allowance, which shall be determined according to a schedule established by the head of the lead agency.
(c) Displacement from business or farm operation; election of payments; minimum and maximum amounts; eligibility
Any displaced person 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 head of the lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the head of the lead agency, except that such payment shall not be less than $1,000 nor more than $40,000, as adjusted by regulation, in accordance with section 4633(d) of this title. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.
(d) Certain utility relocation expenses
(1) Except as otherwise provided by Federal law—
(A) if a program or project (i) which is undertaken by a displacing agency, and (ii) the purpose of which is not to relocate or reconstruct any utility facility, results in the relocation of a utility facility;
(B) if the owner of the utility facility which is being relocated under such program or project has entered into, with the State or local government on whose property, easement, or right-of-way such facility is located, a franchise or similar agreement with respect to the use of such property, easement, or right-of-way; and
(C) if the relocation of such facility results in such owner incurring an extraordinary cost in connection with such relocation;
the displacing agency may, in accordance with such regulations as the head of the lead agency may issue, provide to such owner a relocation payment which may not exceed the amount of such extraordinary cost (less any increase in the value of the new utility facility above the value of the old utility facility and less any salvage value derived from the old utility facility).
(2) For purposes of this subsection, the term—
(A) “extraordinary cost in connection with a relocation” means any cost incurred by the owner of a utility facility in connection with relocation of such facility which is determined by the head of the displacing agency, under such regulations as the head of the lead agency shall issue—
(i) to be a non-routine relocation expense;
(ii) to be a cost such owner ordinarily does not include in its annual budget as an expense of operation; and
(iii) to meet such other requirements as the lead agency may prescribe in such regulations; and
(B) “utility facility” means—
(i) any electric, gas, water, steam power, or materials transmission or distribution system;
(ii) any transportation system;
(iii) any communications system (including cable television); and
(iv) any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system;
located on property which is owned by a State or local government or over which a State or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.