§ 37-6.1-4 - Replacement housing.
SECTION 37-6.1-4
§ 37-6.1-4 Replacement housing. – (a) In addition to amounts otherwise authorized by this chapter, the directorof transportation shall make a payment to the owner of real property acquiredfor a project which is improved by a single, two (2), or three (3) familydwelling actually owned and occupied by the owner for not less than one yearprior to the initiation of negotiations for the acquisition of the property.The payments, not to exceed amounts authorized by United States P.L. 91-646,[42 U.S.C. § 4601 et seq.], entitled Uniform RelocationAssistance and Land Acquisition Policies Act of 1970, and any subsequentamendments thereto, shall be the amount, if any, which, when added to theacquisition payment, equals the average price required for a comparabledwelling determined, in accordance with standards established by the directorof transportation, to be a decent, safe, and sanitary dwelling adequate toaccommodate the displaced owner, reasonably accessible to public services andplaces of employment, and available on the private market. The payment shall bemade only to a displaced owner who purchases and occupies a dwelling within oneyear subsequent to the date on which he or she is required to move from thedwelling acquired for the project.
(b) In addition to amounts otherwise authorized by thischapter, the director of transportation shall make a payment to any individualor family displaced from any dwelling not eligible to receive a payment undersubsection (a) of this section, which dwelling was actually and lawfullyoccupied by the individual or family for not less than ninety (90) days priorto the initiation of negotiations for acquisition of the property, as ishereinafter specified. The payment, not to exceed amounts authorized by amountsallowable by United States P.L. 91-646, [42 U.S.C. § 4601, etseq.], entitled Uniform Relocation Assistance and Land AcquisitionPolicies Act of 1970, and any subsequent amendments thereto shall be theincreased differential in amount, if any, over the rental value or theacquisition price of the dwelling previously occupied, which is necessary toenable the person to lease or rent for a period not to exceed two (2) years, orto make the down payment on the purchase of a decent, safe, and sanitarydwelling of standards adequate to accommodate the individual or family in areasnot generally less desirable in regard to public utilities and public andcommercial facilities, the differential amount to be computed according to anequitable schedule or formula established by the director of transportation.