Section 12-205 - Moving and relocation expenses.
§ 12-205. Moving and relocation expenses.
(a) In general.- Whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall make a payment to the displaced person, on proper application as approved by the displacing agency for:
(1) Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;
(2) Actual direct loss of tangible personal property as a result of moving or discontinuing a business or farm operation, but not exceeding an amount equal to the reasonable expenses that would have been required to relocate the personal property, as determined by 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 as determined by the displacing agency, but not to exceed $60,000.
(b) Election to accept moving expense allowance.- 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 a moving expense allowance, determined according to a schedule established by the lead agency.
(c) Persons displaced from place of business or from farm operation.-
(1) 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 lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section.
(2) Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency, except that such payment may not be less than $1,000 nor more than $60,000 or the amount provided under the federal Uniform Relocation Assistance Act, whichever is greater.
(3) 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.
[An. Code 1957, art. 21, § 12-205; 1974, ch. 12, § 2; 1986, ch. 419; 1989, ch. 10; 1996, ch. 301; 2007, ch. 305.]