New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter I - Parks › Subchapter H - Palisades Interstate Park Commission-new York Rules And Regulations › Part 414 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Palisades Interstate Park Commission, For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 414.5 - Commercial moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
An eligible person occupying a business, farm operation
						or a nonprofit organization will be reimbursed for actual, reasonable and
						necessary moving expenses, actual, reasonable and necessary expenses in
						searching for a replacement site and actual direct losses of tangible personal
						property in moving or discontinuing the operation or activity.
(a) The eligible person shall notify the
					 department eight weeks prior to the starting date of the move of his definite
					 intentions regarding the manner and method of moving. At the option of the
					 department, personnel of the department may conduct an inventory of personal
					 property and merchandise to be moved, including a description of each phase of
					 the work to be performed and an explanation of any unusual or peculiar
					 circumstances that will be pertinent to arriving at a comprehensive cost of
					 moving figure. The address of the appropriated property, address the eligible
					 person is moving to and the approximate distance between is to be included
					 therein. This inventory is to be signed by the eligible person and is to be
					 supplied to all estimators and bidders for each phase of the work and they are
					 to base their estimates and bids on removal of the items listed therein. The
					 occupant may, at his own expense, obtain competitive bids on the costs of
					 moving and may submit a competitive self-move bid on all or a portion of the
					 removal.
(b) Actual costs must be
					 documented upon receipted, detailed bills from recognized movers, skilled
					 craftsmen and are not to exceed the total of the lowest acceptable bids or
					 estimates obtained on each phase of the move.
(c) Estimates and bids on each phase of the
					 move shall be obtained by the department from generally recognized, qualified
					 movers and skilled craftsmen. Upon receipt and review of all estimates and
					 bids, the department will determine the lowest acceptable bid. This bid will be
					 sent to the eligible person advising him to commence moving and setting forth
					 the limits of reimbusement and the time and manner in which payment will be
					 made. After the removal has been accomplished, actual costs must be documented
					 by detailed, receipted bills from recognized movers, skilled craftsmen and are
					 not to exceed the approved amount based on a total of the lowest acceptable
					 bids or estimates obtained on each phase of the move. All bids from movers and
					 craftsmen must be submitted in accordance with section
					 414.6 
					 of this Part.
(d) In the case of a
					 self move, the owner of a relocated business may be paid an amount to be
					 negotiated between the State and the business not to exceed the lower of two
					 firm bids or estimates obtained by the State from qualified moving
					 firms.
(e) When personal property
					 which is used in connection with the business to be moved is of low value and
					 high bulk and the estimated cost of moving would be disproportionate in
					 relation to the value, the State may negotiate with the owner for an amount not
					 to exceed the difference between the cost of replacement of comparable item(s)
					 on the market and the amount which would probably have been received for the
					 item(s) on liquidation.
(f) All
					 books and records kept by eligible persons shall be subject to review and audit
					 by a State representative during reasonable business hours.
(g) Payment of moving expenses is based upon
					 the pre-approval of estimates and bids submitted to the department before
					 commencing the move. If, due to extraordinary circumstances, a move is
					 completed without submitting necessary bids, the commission may, upon receipt
					 of sufficient written justification for failure to submit estimates, pay
					 reasonable and necessary actual expenses upon verification and support for the
					 expenses incurred.