Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.05 - Relocation Payments to Business Concerns, Non-Profit Organizations and Farm Operations

Current through Register 1525, July 5, 2024
(1) Eligible Expenses. Any business, including a
			 non-profit business or farm operation, which qualifies as a displaced person is
			 entitled to payment for actual and reasonable moving and related expenses. The
			 displacing agency, in providing such payments, shall assure that each displaced
			 business is treated in a fair and equitable manner and that the relocation is
			 undertaken in a manner that minimizes costs commensurate with successful
			 accomplishment of the move. These moving and related expenses shall be determined in
			 the same manner as similar expenses are determined under federal regulations
			 appearing at
			 49 CFR
			 24.303,
			 24.304,
			 24.305,
			 and
			 24.306,
			 (as amended and as they may be amended), and any pertinent guidelines issued by the
			 Bureau.
(2) Temporary Move. A business
			 that makes a temporary move for the convenience of the displacing agency shall be
			 compensated for both the temporary move and the subsequent move to a permanent
			 location.
(3) Inventory of Personal
			 Property. The owner of a displaced business shall prepare and present to the
			 relocation advisory agency an inventory of personal property to be moved. This
			 inventory shall be certified by the business owner and the relocation advisory
			 agency after inspection of the property by the agency. The certified inventory shall
			 be checked against the real/personal property report to insure that items which are
			 included as part of the real property are not inventoried as personal property.
			 Businesses with fluctuating inventories shall have their inventories recertified
			 immediately prior to displacement.
(4)
			 Move Specifications When deemed necessary by the displacing agency, the owner of the
			 displaced business shall prepare and present to the relocation advisory agency
			 written move specifications detailing the work reasonably necessary to disconnect,
			 move, and reinstall personal property included on the certified inventory. Move
			 specifications may include contractual work, separated into work categories, to be
			 done in connection with the disconnection and reconnection of a business' moved or
			 substituted property. The relocation advisory agency shall review the move
			 specifications to assure that the work specified is reasonably necessary in order to
			 disconnect, move and install personal property. Move specifications shall be
			 prepared before the move or any contractual work in connection with the move shall
			 have begun , and shall not be finalized until the business has identified a
			 replacement location. On request, the relocation advisory agency may assist the
			 business in preparing move specifications.
(5) Negotiated Self-Moves. A displaced business,
			 with the advance agreement of the displacing agency, may make a self-move as long as
			 the amount eventually claimed for relocation payment does not exceed a maximum
			 negotiated between the business and the relocation advisory agency in advance of the
			 move. In such a case the business shall use its own employees and/or movers and
			 contractors to make the move. The Bureau shall issue guidelines setting out the
			 process to be followed when a displaced business seeks to make a negotiated
			 self-move.
(6) Bids. A displaced
			 business shall use sound business practices when employing movers and/or contractors
			 for a move. Whenever feasible, three competitive written bids based upon clear and
			 complete specifications shall be obtained by the displaced business for each
			 category of work to be performed and in advance of the move. The relocation advisory
			 agency shall review the specifications prior to bids being sought. The displaced
			 business shall make solicitations only to qualified and capable movers and/or
			 contractors, and shall certify to the relocation advisory agency that all responses,
			 of which it shall provide copies, were independent and bona fide.
(7) Notice to Move By a Displaced Business. A
			 displaced business shall send notice to the relocation advisory agency of its intent
			 to move at least 30 days prior to the moving date. This notice shall include the
			 address of the replacement location and the anticipated commencement of the move.
			 The notice shall include a list of property(if any) to be sold qualifying for the
			 benefit of the direct loss of property and a copy of the move specifications if they
			 are necessary and have not previously been provided. If the displaced business does
			 not provide this notice in a timely manner, a relocation payment shall not be made
			 unless the displacing agency has suffered no substantial prejudice as a result. If
			 there is good cause for failure to provide timely notice and the displaced business
			 has provided some prior notice about a move, notwithstanding prejudice, the
			 displacing agency may make a relocation payment.