§ 133-7. Definitions.
§133‑7. Definitions.
As used in this Article:
(1) "Agency"means the State of North Carolina or any board, bureau, commission,institution, or other agency of the State, or any board or governing body of apolitical subdivision of the State, or an agency, commission, or authority of apolitical subdivision of the State.
(2) "Business"means any lawful activity, excepting a farm operation, conducted primarily:
a. For the purchase,sale, lease and rental of personal and real property, and for the manufacture,processing, or marketing of products, commodities, or any other personalproperty;
b. For the sale ofservices to the public;
c. By a nonprofitorganization; or
d. Solely for thepurposes of G.S. 133‑8(a), for assisting in the purchase, sale, resale,manufacture, processing, or marketing of products, commodities, personalproperty, or services by the erection and maintenance of an outdoor advertisingdisplay or displays, whether or not such display or displays are located on thepremises on which any of the above activities are conducted.
(3) a. "Displacedperson" means, except as provided in subdivision (a)(ii)
(i) Any person whomoves from real property, or moves his personal property from real property (A) as a direct result of a written notice of intent to acquire or theacquisition of such real property in whole or in part for a program or projectundertaken by an agency; or (B) on which such person is a residential tenant orconducts a small business, a farm operation, or business defined in G.S. 133‑7(2)(d)as a direct result of rehabilitation, demolition, or such other displacingactivity as the agency may prescribe, under a program or project undertaken byan agency in any case in which the agency determines that such displacement ispermanent; and
(ii) Solely for thepurposes of G.S. 133‑8(a) and (b) and G.S. 133‑11, any person whomoves from real property, or moves his personal property from real property (A) as a direct result of a written notice of intent to acquire or theacquisition of other real property, in whole or in part, on which such personconducts a business or farm operation, for a program or project undertaken byan agency; or (B) as a direct result of rehabilitation, demolition, or suchother displacing activity as the agency may prescribe, of other real propertyon which such person conducts a business or farm operation, under a program orproject undertaken by an agency where the agency determines that suchdisplacement is permanent.
b. The term"displaced person" does not include
(i) A person who hasbeen determined, according to criteria established by the agency, to be eitherunlawfully occupying the displacement dwelling or to have occupied suchdwelling for the purpose of obtaining assistance under this Article;
(ii) In any case inwhich the agency acquires property for a program or project, any person (otherthan a person who was an occupant of such property at the time it was acquired)who occupies such property on a rental basis for a short term or a periodsubject to termination when the property is needed for the program or project.
(4) "Farmoperation" means any activity conducted solely or primarily for theproduction of one or more agricultural products or commodities, includingtimber, for sale or home use, and customarily producing such products orcommodities in sufficient quantity to be capable of contributing materially tothe operator's support.
(5) "Person"means any individual, partnership, corporation or association.
(6) "Program orproject" for the purpose of this Article shall mean any construction orrehabilitation project undertaken by an agency, as herein defined or theutilization of real property by an agency for any other public purposes, and towhich program or project the agency makes this Article applicable.
(7) "Relocationofficer" means the head of the department delegated the authority to carryout relocation policies by the agency.
(8) "Comparablereplacement dwelling" means any dwelling that is (i) decent, safe, andsanitary; (ii) adequate in size to accommodate the occupants; (iii) within thefinancial means of the displaced person; (iv) functionally equivalent; (v) inan area not subject to unreasonably adverse environmental conditions; and (vi)in a location generally not less desirable than the location of the displacedperson's dwelling with respect to public utilities, facilities, services, andthe displaced person's place of employment.
(9) "Appraisal"means a written statement independently and impartially prepared by a qualifiedappraiser setting forth an opinion of defined value of an adequately describedproperty as of a specific date, supported by the presentation and analysis ofrelevant market information.
(10) "Leadagency" means the North Carolina Department of Transportation. The leadagency shall issue such rules and regulations as may be necessary to carry outthis Article and to comply with federal aid regulations. (1971,c. 1107, s. 1; 1989, c. 28, s. 1.)