§ 45-31.2-3 - Moving and related expenses.
SECTION 45-31.2-3
§ 45-31.2-3 Moving and related expenses.– (a) If a relocation agency acquires real property for public use, it shall makefair and reasonable relocation payments to displaced persons and businesses asrequired by this chapter, for:
(1) Actual reasonable expenses in moving him or herself, hisor her family, business, farm operation, or other personal property;
(2) Actual direct losses of tangible personal property as aresult of moving or discontinuing a business or farm operation, but not toexceed an amount equal to the reasonable expenses required to relocate theproperty, as determined by the relocation agency; and
(3) Actual reasonable expenses in searching for a replacementbusiness or farm.
(b) Any displaced person eligible for payments undersubsection (a), who is displaced from a dwelling and who elects to accept thepayments authorized by this subsection in lieu of the payments authorized bysubsection (a), may receive a moving expense allowance, determined according toa schedule established by the relocation agency, not to exceed the amountestablished by the federal law; and a dislocation allowance of an amountestablished by federal law.
(c) Any displaced person eligible for payments undersubsection (a), who is displaced from his or her place of business or from hisor her farm operation and who elects to accept the payment authorized by thissubsection in lieu of the payment authorized by subsection (a), may receive afixed payment in an amount equal to the average annual net earnings of thebusiness or farm operation, except that the payment shall not be less than anamount established by the federal law nor more than an amount established bythe federal law. In the case of a business, no payment shall be made under thissubsection unless the relocation agency is satisfied that the business (1)cannot be relocated without a substantial loss of its existing patronage, and(2) is not a part of a commercial enterprise having at least one otherestablishment not being acquired by the state, which is engaged in the same orsimilar business. For purposes of this subsection, the term "average annual netearnings" means one-half (1/2) of any net earnings of the business or farmoperation, before federal, state, and local income taxes, during the two (2)taxable years immediately preceding the taxable year in which the business orfarm operation moves from the real property acquired for the project, or duringanother period that the agency determines to be more equitable for establishingthe earnings, and includes any compensation paid by the business or farmoperation to the owner, the owner's spouse, or the owner's dependents duringthat period.