YourRIGHTS

andBENEFITS

Under the Federal Relocation 

Assistance Program

BUSINESS

GSA Public Buildings Service

GSA Public Buildings Service | 1

Table of Contents

Introduction............................................................................................................................ 2

Relocation Advisory Services .................................................................................................. 3

Notices ................................................................................................................................... 3

» The Letter of Eligibility ................................................................................................ 3

» 90-Day Notice ............................................................................................................... 3

» 30-Day Notice to Vacate .............................................................................................. 3

Moving Costs and Payments. .................................................................................................. 4

Real Property Searching Expenses. ........................................................................................ 5

Re-Establishment Expenses .................................................................................................. 6

Tax-Related Questions............................................................................................................ 6

Right to Appeal ...................................................................................................................... 6

Glossary of Terms ................................................................................................................... 7

Forms ..................................................................................................................................... 9

» Receipt for Relocation Brochure ................................................................................ 9

» Claim for Relocation Payments. ...........................................................................11-14

» Payment of Moving Costs .....................................................................................15-16

» Direct Loss of or Purchase of Substitute Personal Property .................................17

» Search Expenses ........................................................................................................19

» Re-Establishment Expenses .................................................................................21-22

» ACH Payment Enrollment Form ...........................................................................23-24

» Release of Property ....................... ..............................25
2 | Your Rights and Benefits as a Displaced Business

In the course of federally 

funded projects and programs 

designed to benefit the 

greater public, it may be 

necessary to acquire private 

property. This may lead to the 

displacement of people from 

their residences, businesses, 

non-profit organizations, 

or farms.

The Uniform Relocation Assistance and Real 

Property Acquisition Policies Act of 1970, 

as amended (the “Uniform Act”), and the 

implementing regulations at 49 C.F.R. Part 24, 

provide uniform and equitable treatment for 

these displaced persons. 

If you are required to move as a result of a 

federal or a federally assisted program or 

project, a Relocation Counselor from the 

Agency will contact you. Your Relocation 

Counselor will answer your specific questions 

and provide additional information and 

guidance, as necessary. If you have a disability 

that may inhibit or prevent you from reading 

or understanding this brochure, or if you have 

other special needs that require assistance, 

please speak with your Relocation Counselor 

so that you can be provided the appropriate 

assistance. 

This brochure explains your rights as an 

owner or tenant of real property to be acquired 

for a federally funded program or project. 

The requirements for acquisition of property 

can be best explained by the Site Acquisition 

Specialist of the project team. 

Acquisition and relocation information 

also can be found on the GSA website at 

www.gsa.gov, or on the Federal Highway 

Administration Office of Real Estate Services 

website at www.fhwa.dot.gov/realestate.

How do I know I am eligible for 

assistance under the Uniform Act? 

If the project or program is funded, even 

in part, with federal funds, you are 

eligible for relocation assistance under 

the Uniform Act. 
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Business Relocation

RELOCATION ADVISORY SERVICES

A Relocation Counselor from the Agency 

will contact and interview you to find out your 

needs and replacement site requirements and 

estimate the time needed to complete the 

move. Relocation services and payments will be 

explained based upon your eligibility. During the 

initial interview, the Relocation Counselor will 

obtain information from you that will assist the 

Agency to relocate your business successfully. 

The Relocation Counselor will help determine 

the need for outside specialists to plan, move 

and reinstall personal property. The Counselor 

will identify and resolve any issues regarding 

what is real property and what is personal 

property to be relocated. The Counselor will 

explore and provide advice as to possible 

sources of funding and assistance from other 

local, state and federal agencies. 

NOTICES

The Letter of Eligibility: This letter is typically 

given at the initiation of negotiations and is the 

official notification of your right to relocation 

benefits under the Uniform Act. The term 

“initiation of negotiations” usually means 

the date the Agency makes the first personal 

contact with the owner of the property to be 

acquired, or his or her representative, to provide 

a written offer to purchase the property. 

90-Day Notice: This notice is typically given 

at the initiation of negotiations or later, and 

provides at least 90 days’ advance notice of 

the specific date possession will be required. 

When given at the initiation of negotiations, it 

will include an assurance that another notice 

will be given at least 30 days before the property 

needs to be vacated. This latter date will not 

be any earlier than the date provided in the 

initial 90-day notice. The 90-Day Notice may be 

included as part of the Letter of Eligibility.

30-Day Notice to Vacate: This notice is issued 

once the property has been acquired by the 

Agency.

“A Relocation Counselor 

from the Agency will be 

assigned to your case 

to offer you relocation 

assistance services.”
Business Relocation

4 | Your Rights and Benefits as a Displaced Business

MOVING COSTS AND PAYMENTS

Actual, Reasonable Cost Reimbursement

You may be paid for your actual, reasonable 

moving costs by a professional mover plus 

related expenses, or you may move your personal 

items yourself and be eligible to receive a fixed 

payment. Move reimbursement will generally 

be limited to a maximum of 50 miles. Related 

expenses involved in the move may include:

» Packing and unpacking personal property.

» Temporary storage of personal property 

up to 12 months. 

» Insurance while property is in storage 

or in transit.

» Transfer of phone lines, internet, 

cable services, or other similar utility 

reconnections.

To be eligible for reimbursement, an expense 

must be considered necessary and reasonable 

by the Agency and supported by a paid receipt 

or other evidence of the expense incurred. 

The Agency reserves the right to inspect 

your inventory of personal property. It is very 

important to make sure that you keep all 

receipts to facilitate a smoother process and 

a quicker reimbursement. Not having receipts 

and the proper documentation will prolong the 

process and lead to delays in processing your 

payments and reimbursements. All receipts 

must be submitted within 18 months of the move.

For anything not included in the list above, 

please make sure you consult your Relocation 

Counselor. The Agency may consider other 

expenses to be eligible for reimbursement 

based upon your individual, unique 

circumstances.

Estimated Cost

If you decide to take full responsibility for the 

movement of your personal property, you have 

the option to obtain a minimum of two bids from 

qualified moving companies and the Agency can 

approve a payment equal to the lower of the two 

bids. If you elect to have a commercial mover 

perform the move for you, the Agency will pay 

the moving company directly and you will not 

have to retain your receipts or be reimbursed 

for out-of-pocket moving expenses.

Fixed Payment

A displaced business may be eligible to choose 

a fixed payment in lieu of the payment for actual 

moving costs, eligible related expenses and 

reasonable re-establishment expenses. You 

may choose to take a fixed payment for moving 

expenses under the Uniform Act if you meet all 

of the following criteria:

» You own or rent personal property that 

must be moved;

» You cannot relocate without a substantial 

loss of business patronage; and

» Your business is not part of a commercial 

enterprise having more than three other 

businesses engaged in the same or similar 

activity that are under the same ownership 

and are not being displaced by the Agency.

If you meet the preceding three criteria, your 

fixed payment will be the average of your 

previous two years of Annual Net Earnings. 

The fixed payment will not be less than $1,000.00 

or more than $20,000.00.
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Computation of Your Fixed Payment:

The fixed payment for a displaced business 

or farm is based upon the average Annual Net 

Earnings of the operation for the two taxable 

years immediately preceding the taxable year 

in which it was displaced, or a two-year period 

deemed more representative by the Agency. 

You must provide the Agency with proof 

of Annual Net Earnings to support your 

claim. Proof of Annual Net Earnings may be 

documented by income tax returns, certified 

financial statements or other reasonable 

evidence acceptable to the Agency.

Fixed Payment Example:

2008 2009 2010

Annual 

Net 

Earnings

Annual 

Net 

Earnings

Year 

Displaced

Average annual net earnings

$19,500 + $20,500 = $40,000 / 2 = $20,000 

Fixed Payment = $20,000 

(The maximum payment amount allowed 

for a Fixed Payment.)

Direct Loss of Personal Property

If you have personal property that will be lost 

as part of the relocation, you may be eligible to 

receive a payment for the item based upon the 

difference in value between its continued use at 

the displacement site and the proceeds from its 

sale. Please ask your Relocation Counselor 

if you believe this may apply to you. 

“If you have personal 

property that will 

be lost as part of the 

relocation, you may be 

eligible to receive a 

payment for the item...”

Low Value High Bulk Property

If the Agency considers a personal property 

item to be of low value and high bulk, and 

moving costs are disproportionate to its value 

(such as minerals, metals, rock, or topsoil), 

the allowable moving cost payment may not 

exceed the lesser of the amount that would be 

received if the property were sold at the site or 

the replacement cost of a comparable quantity 

delivered to the new business location. 

REAL PROPERTY SEARCHING 

EXPENSES

Displaced businesses, farms and non-profit 

organizations are entitled to reimbursement 

for actual, reasonable expenses incurred in 

searching for a replacement property up to 

a maximum of $2,500.00. These expenses may 

include transportation, meals and lodging. In 

the event you solicit an external firm to assist 

you, please note that commissions and fees 

related to purchasing, selling or leasing real 

property for your business are not eligible 

relocation expenses and, accordingly, they 

are not reimbursable. 
6 | Your Rights and Benefits as a Displaced Business

Business Relocation

RE-ESTABLISHMENT EXPENSES

Any business with less than 500 employees, 

a farm or a non-profit organization is eligible 

for a re-establishment one-time payment up 

to $10,000.00. Re-establishment expenses 

may include;

» Repairs or improvements to the 

replacement real property required by 

federal, state or local laws, codes or 

ordinances. 

» Modifications to the replacement real 

property to make the structure(s) suitable 

for the operation. 

» Construction and installation costs of 

exterior advertising signs. 

» Redecoration or replacement, such as 

painting, wallpapering, paneling, and 

carpeting, when required by the condition 

of the replacement site. 

» Advertising the replacement location. 

» Estimated increased costs of operation 

at the replacement site during the first 

two years for items such as lease or rental 

charges, personal or real property taxes, 

insurance premiums, and utility charges 

(excluding impact fees). 

» Other items that the Agency considers 

essential for re-establishment. 

TAX-RELATED QUESTIONS

No relocation payment received will be 

considered taxable income for Internal Revenue 

Code purposes. No relocation payment received 

will be considered income for the purpose of 

determining eligibility or the extent of eligibility 

of any person for assistance under the Social 

Security Act or any other federal law (except 

for any federal law providing low-income 

housing assistance).

If you have tax-related questions, you should 

seek the assistance of a tax professional at 

your own expense.

RIGHT TO APPEAL

If you feel that the displacing Agency has 

failed to determine your eligibility properly for 

relocation assistance advisory services or the 

amount of reimbursement or payment to which 

you believe you are entitled, you may file a 

written appeal with the displacing Agency. 

The Agency will review your appeal 

promptly and will provide you with a written 

determination of your claim. If you are 

dissatisfied with the result of the appeal, the 

Agency will advise you of your right to seek 

judicial review of the Agency’s decision.

Please be advised that any legal counsel or other 

advisor or consultant that you retain to assist 

you with the appeal process will be at your sole 

cost and expense. The Agency will not reimburse 

you for any of these costs or expenses.
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GLOSSARY OF TERMS

Agency

Relocation assistance advisory services and 

payments are administered at the local level 

by the Agency responsible for the acquisition 

of real property or the displacement of 

people from property, or both, to be used for 

a federally funded program or project. The 

Agency may be a federal agency, a state 

agency, a local agency such as a county or 

a city, or a person carrying out a program 

or project with federal financial assistance. 

The Agency may contract with a qualified 

individual or firm to administer the relocation 

program; however, the Agency remains 

responsible for the program.

Alien Not Lawfully Present

The law provides that if a displaced person 

is an alien not lawfully present in the United 

States, such person is not eligible for 

relocation payments or assistance under 

the Uniform Act unless ineligibility would 

result in exceptional and extremely unusual 

hardship to the alien’s spouse, parent or 

child, and such spouse, parent or child is 

a citizen or an alien lawfully admitted for 

permanent residence.

Business

Any lawful activity, with the exception 

of a farm operation, conducted primarily 

(1) for the purchase, sale, lease, or rental 

of personal or real property or (2) for the 

manufacture, processing, or marketing, 

or any combination thereof, of products, 

commodities or any other personal property 

or (3) for the sale of services to the public 

or (4) solely for the purpose of the Uniform 

Act, an outdoor advertising display or 

displays, when the display(s) must be moved 

as a result of the project.

Displaced Person

Any person (individual, family, partnership, 

association, or corporation) who moves from 

real property, or moves personal property 

from real property as a direct result of (1) the 

acquisition of the real property, in whole or 

in part, (2) a written notice from the Agency 

of its intent to acquire, (3) the initiation of 

negotiations for the purchase of the real 

property by the Agency, or (4) a written notice 

requiring a person to vacate real property for 

the purpose of rehabilitation or demolition 

of improvements, provided the displacement 

is permanent and the property is needed for a 

federal or federally assisted program or project.

Farm

Any activity conducted solely or primarily 

for the production of one or more agricultural 

products or commodities, including timber, for 

sale or home use, and customarily producing 

such products or commodities in sufficient 

quantity to be capable of contributing 

materially to the operator’s support.

Non-profit Organization

A public or private entity that has established 

its non-profit status under applicable federal 

or state law.

Program or Project

An activity or series of activities undertaken 

by a federal agency, or an activity undertaken 

by a state or local agency with federal financial 

assistance in any phase of the activity.

Small Business

A business having not more than 500 

employees working at a site that is the 

location of economic activity and that will 

be acquired for a federal or federally assisted 

program or project or is displaced by a 

federal or federally assisted program or 

project. A site occupied solely by an outdoor 

advertising sign(s) does not qualify for purposes 

of the re-establishment expense benefit.

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Notes
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United States General Services Administration

Office of Real Estate Acquisition

Center for Site Acquisition and Relocation

April 2011

GSA Public Buildings Service