49-514. Same; purchase of property and provision of moving expenses.
49-514
49-514. Same; purchase of property and provision ofmoving expenses.(a) (1) For individuals who have rented and resided in theirhomes in the affectedcommunity continuously since March 13, 2006, and who can produce a validrental contract orother proof of rental arrangement, the trust shall provide relocationassistance in an amountequal to the average cost of 12-months' rent for comparable housing elsewherein the countywhere the affected community is located. The trust, in itsdiscretion, may providesuch assistance in periodic payments and not in a single lump sum. In addition,such individualsmay receive not more than $1,000 for moving expenses.
(2) For other individuals who are renting and residing in their homes in theaffectedcommunity and who can produce a valid rental contract or other proof of rentalarrangement, thetrust, in its discretion, may provide relocation assistance andmoving expenses inamounts not exceeding those authorized in subsection (a)(1).
(b) (1) Subject to the provisions of subsection (g), for individuals whohave owned andresided in their homes in the affected community continuously since March 13,2006, thetrust shall purchase their homes, including the land on which their homes arelocated, for anamount equal to the average cost of comparable housing elsewhere in the countywhere theaffected community is located. In addition, such individuals may receive notmore than $1,000for moving expenses.
(2) Subject to the provisions of subsection (g), for other individuals whoown and residein their homes in the affected community, the trust, in itsdiscretion, maypurchase their homes, including the land on which their homes are located, foran amount equalto the price paid for the home plus 5% per year, uncompounded, since the yearof purchase andmoving expenses in amounts not exceeding those authorized in subsection (b)(1).
(c) (1) Subject to the provisions of subsection (h), for persons who haverented thepremises of and operated their businesses or nonprofit organizations in theaffected communitycontinuously since March 13, 2006, and who can produce a valid rental contractor other proof ofrental arrangement, the trust shall provide relocation assistance in anamountequal to theaverage cost of 12-months' rent for comparable premises elsewhere in the countywhere theaffected community is located. The trust, in its discretion,may provide suchassistance in periodic payments rather than in a single lump sum. In addition,such persons mayreceive not more than $2,000 for moving expenses.
(2) Subject to the provisions of subsection (h), for other persons who arerenting thepremises of and operating their businesses or nonprofit organizations in theaffected communityand who can produce a valid rental contract or other proof of rentalarrangement, the trust, in itsdiscretion, may provide relocation assistance and movingexpenses in amounts notexceeding those authorized in subsection (c)(1).
(d) (1) Subject to the provisions of subsections (g) and (h), for personswho have ownedthe premises of and operated their businesses or nonprofit organizations in theaffectedcommunity continuously since March 13, 2006, the trust shall purchase thepremises,including the land on which the premises are located, for an amount equal tothe average cost ofcomparable commercial property elsewhere in the county where the affectedcommunity islocated. In addition, such persons may receive not more than $2,000 for movingexpenses.
(2) Subject to the provisions of subsections (g) and (h), for other personswho own the premises of and operate their businesses or nonprofit organizationsin the affected community, the trust, in itsdiscretion, may purchase the premises, including the land onwhich the premisesare located, for an amount equal to the price the owner paid for the premisesplus 5% peryear,uncompounded, since the year of purchase and moving expenses in amounts notexceeding thoseauthorized in subsection (d)(1).
(e) Subject to the provisions of subsections (g) and (h), for persons who ownrentalproperty in the affected community, the trust, in itsdiscretion, may purchase therental property for: (A) An amount equal to the average cost of comparablerental propertyelsewhere in the county, if the person has owned such property continuouslysince March 13,2006; or (B) an amount equal to the price paid plus 5% per year, uncompounded,since the yearof purchase, if the person has not owned such property continuously sinceMarch 13, 2006.
(f) Subject to the provisions of subsection (h), in addition to the purchaseof property as otherwise authorized by this act, the trust, in its discretion,may purchase other real property within the affected community to preventfuture construction on such property for an amount not exceeding the price theowner paid for such property plus 5% per year, uncompounded, since the year ofpurchase.
(g) If a home or the premises of a business or nonprofit organization is amovablestructure and the trust grants relocation assistance to the owner pursuantto this section, thetrust, in its discretion, may pay the cost of relocating suchstructure in lieu ofother assistance authorized in this section if the cost of relocating thestructure does not exceedthe amount of such other assistance.
(h) A person shall not be eligible for assistance pursuant to this act withrespect toproperty used for mining or for removal, storage or sale of mined materialsor mine waste orbyproducts.
(i) Payments made pursuant to the provisions of this act may be made to anyeligibleperson but not more than one payment shall be made with regard to any singledwelling orcommercial or nonprofit premises, except that, if the dwelling or premises arerented, onepayment may be made to a renter and one payment may be made to an owner.
(j) Participation in the assistance program provided for by this act shall bevoluntary. Noperson shall be required to relocate or sell property under the provisions ofthis act.
(k) Real property acquired by the trust pursuant to the relocationassistance provisionsof this act may be utilized or disposed of in accordance with law, in themanner that the trustdetermines will bestserve the state of Kansas and public interest.
(l) The use of moneys pursuant to this section shall not be subject to theuniform relocation assistance and real property acquisition policies act of1970(42 U.S.C. 4601 et seq.).
History: L. 2007, ch. 17, § 4; July 1.