New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.5 - 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 or her
				  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 or her 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 or her to commence moving and setting
				  forth the limits of reimbursement and the time and manner in which payment will
				  be made. After the removal has been accomplished actual cost 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
				  590.6 
				  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 preapproval 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 commissioner 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.