New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.5 - 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
					 office, 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
					 office, personnel of the office 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 craftsman, 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 office
					 from generally recognized, qualified movers and skilled craftsmen. Upon receipt
					 and review of all estimates and bids, the office 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 reimbursement 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
					 463.6 
					 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 office 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.