1.Payments. Whenever a program or project to be undertaken by the department will result in the displacement of any person, the department
shall make a payment to any displaced person, upon proper application on forms approved by the department, for:
A. Actual reasonable expenses in moving that person, that person's family, business, farm operation or other personal property; [1989, c. 208, §§12, 21 (AMD).]
B. 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 department; [1989, c. 208, §§12, 21 (AMD).]
C. Actual reasonable expenses, but not to exceed $2,500, in searching for a replacement business or farm; and [2005, c. 642, §1 (AMD).]
D. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new
site, in accordance with criteria to be established by the department, but not to exceed $20,000. [2005, c. 642, §2 (AMD).]
[
2005, c. 642, §§1, 2 (AMD)
.]
2.Fixed payments for residential displacements. Any displaced person eligible for payments under subsection 1 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 1 may receive a moving expense
and dislocation allowance, which shall be determined according to a schedule established by the department.
[
1989, c. 208, §§12, 21 (AMD)
.]
3.Fixed payments for business or farm displacements. Any displaced person eligible for payments under subsection 1 who is displaced from that person's place of business or farm
operation and who is eligible under criteria established by the department may elect to accept the payment authorized by this
subsection in lieu of the payment authorized by subsection 1. The payment consists of a fixed payment in an amount to be
determined according to criteria established by the department, except that any such payment may not be less than $1,000 nor
more than $100,000. A person whose sole business at the displacement dwelling is the rental of property to others does not
qualify for a payment under this subsection. In the case of a business no payment may be made under this subsection unless
the department is satisfied that the business:
A. Cannot be relocated without a substantial loss of its existing patronage; and [1989, c. 208, §§12, 21 (AMD).]
B. Is not part of a commercial enterprise having more than 3 other establishments not being acquired by the department that
are engaged in the same or similar business. [2005, c. 642, §3 (AMD).]
[
2005, c. 642, §3 (AMD)
.]
SECTION HISTORY
1971, c. 333, §1 (NEW).
1971, c. 593, §22 (AMD).
1973, c. 625, §131 (AMD).
1989, c. 208, §§12,21 (AMD).
2005, c. 642, §§1-3 (AMD).
Data for this page extracted on 10/28/2009 03:37:17.