43-39-7 - Relocation payments; moving expense and dislocation allowances; fixed payments.
§ 43-39-7. Relocation payments; moving expense and dislocation allowances; fixed payments.
(1) If a displacing agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter for:
(a) Actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;
(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 agency;
(c) Actual reasonable expenses in searching for a replacement business or farm; and
(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 displacing agency, but not to exceed Ten Thousand Dollars ($10,000.00).
(2) Any displaced person eligible for payments under subsection (1) 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 (1) of this section may receive an expense and dislocation allowance which shall be determined according to a schedule established by the displacing agency.
(3) Any displaced person eligible for payments under subsection (1) of this section, who is displaced from his place of business or from his farm operation and who is eligible under criteria established by the displacing agency may also qualify for the payment authorized by this subsection. Such payment shall consist of a fixed payment in an amount to be determined by the agency, except that such payment shall not be less than One Thousand Dollars ($1,000.00) nor more than Twenty Thousand Dollars ($20,000.00). 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.
Sources: Codes, 1942, § 2749-73; Laws, 1972, ch. 526, § 3; Laws, 1989, ch. 421, § 2; Laws, 1996, ch. 445, § 3, eff from and after passage (approved March 29, 1996).