57-12-4 - Federal funds -- Direct assistance.
57-12-4. Federal funds -- Direct assistance.
(1) When federal funds are available for payment of direct financial assistance to aperson displaced by acquisition of real property by any agency, the displacing agency may usethose federal funds with state or local funds to the extent provided by federal law and mayprovide direct financial assistance in the instances and on the conditions set forth by federal lawand regulations.
(2) (a) When federal funds are not available or used for payment of direct financialassistance to a person displaced by the acquisition of real property by an agency, the displacingagency may provide direct financial assistance to the person.
(b) Except as provided in Subsection (3), financial assistance authorized by thisSubsection (2) may not exceed the total amount that would have been payable under Subsection(1) if federal funds had been available or used.
(3) (a) The amount of direct financial assistance provided to a person displaced byacquisition of real property by any agency includes actual reasonable expenses necessary toreestablish a displaced farm, nonprofit organization, or business at a new site, in accordance withcriteria established by the agency by rule, but not exceeding $50,000.
(b) The $50,000 limit on direct financial assistance established in Subsection (3)(a):
(i) applies despite any lower limit established by federal statute or regulation or agencyrule; and
(ii) does not apply if a higher limit is established by federal statute or regulation.
(4) (a) A displaced person eligible for payments under this chapter who is displaced fromthe person's place of business or farm may accept payment under this Subsection (4) in lieu ofany payment under the displacing agency's rules if the person is eligible under the agency'scriteria.
(b) A payment under this Subsection (4) is a fixed payment of at least $1,000 but notmore than $75,000.
(c) A person whose sole business at the site from which the person is displaced is therental of property to others does not qualify for payment under this Subsection (4).
(5) Assistance under this section may not be provided to a person who is ineligible toreceive relocation assistance under a federal statute or regulation.
Amended by Chapter 261, 2008 General Session