(a) Programs or projects undertaken by a state agency or with federal financial assistance shall be planned in a manner that:

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Terms Used In Tennessee Code 13-11-108

  • Business: means any lawful activity, excepting a farm operation, conducted primarily:
    (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 Tennessee Code 13-11-103
  • Comparable replacement dwelling: means any dwelling that is:
    (A) Decent, safe, and sanitary. See Tennessee Code 13-11-103
  • Displacing agency: means any state agency undertaking a program or project with or without federal financial assistance, which causes a person to be displaced, a local agency undertaking a program or project with federal or state financial assistance, which causes a person to be displaced, or a person undertaking a program or project with federal financial assistance, which causes a person to be displaced. See Tennessee Code 13-11-103
  • Farm operation: means any activity conducted solely or primarily for the production of one (1) 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 Tennessee Code 13-11-103
  • Person: means and includes, but is not limited to, a partnership, company, corporation, association, individual, or family who is undertaking programs or projects with federal financial assistance, or such other person, business or farm operation which is entitled to any financial or other benefit as a result of federal financial assistance, or the undertaking of any program or project by a state agency. See Tennessee Code 13-11-103
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • State agency: means any department, agency, or instrumentality of the state when carrying out or undertaking programs or projects with or without federal financial assistance, or when providing state financial assistance. See Tennessee Code 13-11-103
(1) Recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations; and
(2) Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
(b) The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (c) are made available to all persons displaced by such agency. If such agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services.
(c) Each relocation assistance advisory program required by subsection (b) shall include such measures, facilities, or services as may be necessary or appropriate in order to:

(1) Determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance;
(2) Provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;
(3) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:

(A) A major disaster as defined in § 102(2) of the Federal Disaster Relief Act of 1974 (42 U.S.C. § 5122(2));
(B) A national emergency declared by the president; or
(C) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person;
(4) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
(5) Supply information concerning other federal and state programs which may be of assistance to displaced persons, and supply technical assistance to such persons in applying for assistance under such programs; and
(6) Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation.
(d) The head of a displacing agency shall coordinate the relocation activities performed by such agency with other federal, state, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.
(e) Notwithstanding § 13-11-103(3), in any case in which a displacing agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.
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