523.205. Relocation assistance given, when--definitions--relocation plans--contents--residential payments--business payments--advance payments--waiver--notice--report--ineligibility for tax abatement,
Relocation assistance given, when--definitions--relocationplans--contents--residential payments--business payments--advancepayments--waiver--notice--report--ineligibility for taxabatement, when--additional requirements.
523.205. 1. Any public agency as defined in section 523.200 which isrequired, as a condition to the receipt of federal funds to give relocationassistance to any displaced person, is hereby authorized and directed togive similar relocation assistance to displaced persons when the propertyinvolved is being acquired for the same public purpose through the sameprocedures, and is being purchased solely through expenditure of state orlocal funds.
2. Any political subdivision, governmental entity, or corporationcreated under chapter 353, RSMo, initiating condemnation proceedings whichmay necessitate displacement of persons, when such displacement is notsubject to the provisions of the Federal Uniform Relocation and RealProperty Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 to 4655,as amended) or subsection 1 of this section, shall establish by ordinanceor rule a relocation policy which shall include, but not be limited to, theprovisions and requirements of subsections 2 to 15 of this section, or inlieu thereof, such relocation policy shall contain provisions andrequirements which are equivalent to the requirements of the FederalUniform Relocation Assistance and Real Property Acquisition Policies Act of1970 (42 U.S.C. Sections 4601 to 4655, as amended).
3. As used in this section, the following terms shall mean:
(1) "Business", any lawful activity that is conducted:
(a) Primarily for the purchase, sale or use of personal or realproperty or for the manufacture, processing or marketing of products orcommodities;
(b) Primarily for the sale of services to the public; or
(c) On a not-for-profit basis by any organization that has obtainedan exemption from the payment of federal income taxes as provided inSection 501(c)(3) of Title 26, U.S.C., as amended, and veteransorganizations;
(2) "Decent, safe and sanitary dwelling", a dwelling which meetsapplicable housing and occupancy codes. The dwelling shall:
(a) Be structurally sound, weathertight and in good repair;
(b) Contain a safe electrical wiring system;
(c) Contain an adequate heating system;
(d) Be adequate in size with respect to the number of rooms needed toaccommodate the displaced person; and
(e) For a handicapped person, be free of any barriers which wouldpreclude reasonable ingress, egress or use of the dwelling;
(3) "Handicapped person", any person who is deaf, legally blind ororthopedically disabled to the extent that acquisition of another residencepresents a greater burden than other persons would encounter or to theextent that modifications to the replacement residence would be necessary;
(4) "Person", any individual, family, partnership, corporation, orassociation that has a legal right to occupy the property, including butnot limited to month-to-month tenants.
4. Every urban redevelopment corporation acquiring property within aredevelopment area shall submit a relocation plan as part of theredevelopment plan.
5. Unless the property acquisition under the operation of chapter 99,RSMo, chapter 100, RSMo, or chapter 353, RSMo, is subject to federalrelocation standards or subsection 1 of this section, the relocation planshall provide for the following:
(1) Payments to all eligible displaced persons, as defined in section523.200, who occupied the property to be acquired for not less than ninetydays prior to the initiation of negotiations who are required to vacate thepremises;
(2) A program for identifying special needs of displaced persons withspecific consideration given to income, age, size of family, nature ofbusiness, availability of suitable replacement facilities and vacancy ratesof affordable facilities;
(3) A program for providing proper and timely notice to all displacedpersons, including a general description of their potential rights andbenefits if they are displaced, their eligibility for relocationassistance, and the nature of that assistance. The notices required forcompliance with this section are as follows:
(a) A general information notice that shall be issued at the approvaland selection of a designated redeveloper and shall inform residential andnonresidential owners and occupants of a potential project, including thepotential acquisition of the property;
(b) A notice of relocation eligibility that shall be issued as soonas feasible after the execution of the redevelopment agreement and shallinform residential and nonresidential occupants within the project area whowill be displaced of their relocation assistance and nature of thatassistance, including ninety days' advance notice of the date the occupantsmust vacate;
(4) A program for referrals of displaced persons with provisions fora minimum of three decent, safe and sanitary housing referrals forresidential persons or suitable referral sites for displaced businesses, aminimum of ninety days' notice of referral sites for all displaced personsprior to the date such displaced persons are required to vacate thepremises, and arrangements for transportation to inspect referral sites;and
(5) Every displaced person shall be given a ninety-day notice tovacate, prior to the date such displaced person is required to vacate thepremises.
6. All displaced residential persons eligible for payments shall beprovided with relocation payments based upon one of the following, at theoption of the person:
(1) A one thousand dollar fixed moving expense payment; or
(2) Actual reasonable costs of relocation including, but not limitedto, actual moving costs, utility deposits, key deposits, storage ofpersonal property up to one month, utility transfer and connection fees andother initial rehousing deposits including first and last month's rent andsecurity deposit. Such costs of relocation shall not include the cost of areplacement property or any capital improvements thereto.
7. All displaced businesses eligible for payments shall be providedwith relocation payments based upon the following, at the option of thebusiness:
(1) A three thousand dollar fixed moving expense payment and up to anadditional ten thousand dollars for reestablishment expenses.Reestablishment expenses are limited to costs incurred for physicalimprovements to the replacement property to accommodate the particularbusiness at issue; or
(2) Actual costs of moving including costs for packing, crating,disconnection, dismantling, reassembling and installing all personalequipment and costs for relettering similar signs and similar replacementstationery, and up to an additional ten thousand dollars forreestablishment expenses. Reestablishment expenses are limited to actualcosts incurred for physical improvements to the replacement property toaccommodate the particular business at issue.
8. If a displaced person demonstrates the need for an advancerelocation payment, in order to avoid or reduce a hardship, the developeror public agency shall issue the payment subject to such safeguards as areappropriate to ensure that the objective of the payment is accomplished.Payment for a satisfactory claim shall be made within thirty days followingreceipt of sufficient documentation to support the claim. All claims forrelocation payment shall be filed with the displacing agency within sixmonths after:
(1) For tenants, the date of displacement;
(2) For owners, the date of displacement or the final payment for theacquisition of the real property, whichever is later.
9. Any displaced person, who is also the owner of the premises, maywaive relocation payments as part of the negotiations for acquisition ofthe interest held by such person. Such waiver shall be in writing, shalldisclose the person's knowledge of the provisions of this section and hisentitlement to payment and shall be filed with the acquiring public agency.However, any such waiver shall not include a waiver of any noticeprovisions of this section, and a displaced person shall remain entitled toall of the provisions regarding programs which are contained insubdivisions (2) and (3) of subsection 5 of this section.
10. All persons eligible for relocation benefits shall be notified inwriting of the availability of such relocation payments and assistance,with such notice to be given concurrently with the notice of referral sitesas required in subdivision (4) of subsection 5 of this section.
11. Any urban redevelopment corporation, its assigns or transferees,which have been provided any assistance under the operation of chapter 99,RSMo, chapter 100, RSMo, chapter 353, RSMo, or this chapter, with landacquisition by the local governing body, shall be required to make a reportto the local governing body or appropriate public agency which shallinclude, but not be limited to, the addresses of all occupied residentialbuildings and structures within the redevelopment area and the names andaddresses of persons displaced by the redeveloper and specific relocationbenefits provided to each person, as well as a sample notice provided toeach person.
12. An urban redevelopment corporation which fails to comply with therelocation requirements provided in this section shall not be eligible fortax abatement as provided for in chapter 353, RSMo.
13. The requirements set out in this section shall be consideredminimum standards. In reviewing any proposed relocation plan under theoperation of chapter 99, RSMo, chapter 100, RSMo, or chapter 353, RSMo, thelocal governing body or public agency shall determine the adequacy of theproposal and may require additional elements to be provided.
14. Relocation assistance shall not be provided to any person whopurposely resides or locates his business in a redevelopment area solelyfor the purpose of obtaining relocation benefits.
15. The provisions of sections 523.200 and 523.205 shall apply toland acquisitions under the operation of chapter 99, RSMo, chapter 100,RSMo, or chapter 353, RSMo, filed for approval, approved or amended on orafter August 31, 1991, and, as provided by subsection 2 of this section,any other land acquisition by a political subdivision or governmentalentity through condemnation proceedings initiated after December 31, 2006.
(L. 1971 H.B. 94 § 2, A.L. 1991 H.B. 502, A.L. 2006 H.B. 1944)