Section 523.205

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 523

Effective - 28 Aug 2006   

  523.205.  Relocation assistance given, when — definitions — relocation plans — contents — residential payments — business payments — advance payments — waiver — notice — report — ineligibility for tax abatement, when — additional requirements. — 1.  Any public agency as defined in section 523.200 which is required, as a condition to the receipt of federal funds to give relocation assistance to any displaced person, is hereby authorized and directed to give similar relocation assistance to displaced persons when the property involved is being acquired for the same public purpose through the same procedures, and is being purchased solely through expenditure of state or local funds.

  2.  Any political subdivision, governmental entity, or corporation created under chapter 353, initiating condemnation proceedings which may necessitate displacement of persons, when such displacement is not subject to the provisions of the Federal Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 to 4655, as amended) or subsection 1 of this section, shall establish by ordinance or rule a relocation policy which shall include, but not be limited to, the provisions and requirements of subsections 2 to 15 of this section, or in lieu thereof, such relocation policy shall contain provisions and requirements which are equivalent to the requirements of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (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 real property or for the manufacture, processing or marketing of products or commodities;

  (b)  Primarily for the sale of services to the public; or

  (c)  On a not-for-profit basis by any organization that has obtained an exemption from the payment of federal income taxes as provided in Section 501(c)(3) of Title 26, U.S.C., as amended, and veterans organizations;

  (2)  "Decent, safe and sanitary dwelling", a dwelling which meets applicable 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 to accommodate the displaced person; and

  (e)  For a handicapped person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling;

  (3)  "Handicapped person", any person who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other persons would encounter or to the extent that modifications to the replacement residence would be necessary;

  (4)  "Person", any individual, family, partnership, corporation, or association that has a legal right to occupy the property, including but not limited to month-to-month tenants.

  4.  Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan.

  5.  Unless the property acquisition under the operation of chapter 99, chapter 100, or chapter 353 is subject to federal relocation standards or subsection 1 of this section, the relocation plan shall provide for the following:

  (1)  Payments to all eligible displaced persons, as defined in section 523.200, who occupied the property to be acquired for not less than ninety days prior to the initiation of negotiations who are required to vacate the premises;

  (2)  A program for identifying special needs of displaced persons with specific consideration given to income, age, size of family, nature of business, availability of suitable replacement facilities and vacancy rates of affordable facilities;

  (3)  A program for providing proper and timely notice to all displaced persons, including a general description of their potential rights and benefits if they are displaced, their eligibility for relocation assistance, and the nature of that assistance.  The notices required for compliance with this section are as follows:

  (a)  A general information notice that shall be issued at the approval and selection of a designated redeveloper and shall inform residential and nonresidential owners and occupants of a potential project, including the potential acquisition of the property;

  (b)  A notice of relocation eligibility that shall be issued as soon as feasible after the execution of the redevelopment agreement and shall inform residential and nonresidential occupants within the project area who will be displaced of their relocation assistance and nature of that assistance, including ninety days' advance notice of the date the occupants must vacate;

  (4)  A program for referrals of displaced persons with provisions for a minimum of three decent, safe and sanitary housing referrals for residential persons or suitable referral sites for displaced businesses, a minimum of ninety days' notice of referral sites for all displaced persons prior to the date such displaced persons are required to vacate the premises, and arrangements for transportation to inspect referral sites; and

  (5)  Every displaced person shall be given a ninety-day notice to vacate, prior to the date such displaced person is required to vacate the premises.

  6.  All displaced residential persons eligible for payments shall be provided with relocation payments based upon one of the following, at the option of the person:

  (1)  A one thousand dollar fixed moving expense payment; or

  (2)  Actual reasonable costs of relocation including, but not limited to, actual moving costs, utility deposits, key deposits, storage of personal property up to one month, utility transfer and connection fees and other initial rehousing deposits including first and last month's rent and security deposit.  Such costs of relocation shall not include the cost of a replacement property or any capital improvements thereto.

  7.  All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:

  (1)  A three thousand dollar fixed moving expense payment and up to an additional ten thousand dollars for reestablishment expenses.  Reestablishment expenses are limited to costs incurred for physical improvements to the replacement property to accommodate the particular business at issue; or

  (2)  Actual costs of moving including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment and costs for relettering similar signs and similar replacement stationery, and up to an additional ten thousand dollars for reestablishment expenses.  Reestablishment expenses are limited to actual costs incurred for physical improvements to the replacement property to accommodate the particular business at issue.

  8.  If a displaced person demonstrates the need for an advance relocation payment, in order to avoid or reduce a hardship, the developer or public agency shall issue the payment subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.  Payment for a satisfactory claim shall be made within thirty days following receipt of sufficient documentation to support the claim.  All claims for relocation payment shall be filed with the displacing agency within six months after:

  (1)  For tenants, the date of displacement;

  (2)  For owners, the date of displacement or the final payment for the acquisition of the real property, whichever is later.

  9.  Any displaced person, who is also the owner of the premises, may waive relocation payments as part of the negotiations for acquisition of the interest held by such person.  Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of this section and his entitlement to payment and shall be filed with the acquiring public agency.  However, any such waiver shall not include a waiver of any notice provisions of this section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in subdivisions (2) and (3) of subsection 5 of this section.

  10.  All persons eligible for relocation benefits shall be notified in writing of the availability of such relocation payments and assistance, with such notice to be given concurrently with the notice of referral sites as 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, chapter 100, chapter 353, or this chapter, with land acquisition by the local governing body, shall be required to make a report to the local governing body or appropriate public agency which shall include, but not be limited to, the addresses of all occupied residential buildings and structures within the redevelopment area and the names and addresses of persons displaced by the redeveloper and specific relocation benefits provided to each person, as well as a sample notice provided to each person.

  12.  An urban redevelopment corporation which fails to comply with the relocation requirements provided in this section shall not be eligible for tax abatement as provided for in chapter 353.

  13.  The requirements set out in this section shall be considered minimum standards.  In reviewing any proposed relocation plan under the operation of chapter 99, chapter 100, or chapter 353, the local governing body or public agency shall determine the adequacy of the proposal and may require additional elements to be provided.

  14.  Relocation assistance shall not be provided to any person who purposely resides or locates his business in a redevelopment area solely for the purpose of obtaining relocation benefits.

  15.  The provisions of sections 523.200 and 523.205 shall apply to land acquisitions under the operation of chapter 99, chapter 100, or chapter 353, filed for approval, approved or amended on or after August 31, 1991, and, as provided by subsection 2 of this section, any other land acquisition by a political subdivision or governmental entity through condemnation proceedings initiated after December 31, 2006.

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(L. 1971 H.B. 94 § 2, A.L. 1991 H.B. 502, A.L. 2006 H.B. 1944)