Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part X - Mobile Homes › Section 24VAC30-41-590 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Mobile homes have special legal and physical
					 characteristics as opposed to conventional housing types. Mobile home occupants
					 are entitled to the same relocation benefits as apply to all other displacees.
					 However, certain policy adjustments and special benefit determination methods
					 need to be employed because of the following unique characteristics:
1. Eligibility; personalty vs. realty. A
				  mobile home may have legal status as either real estate or personalty depending
				  on factors such as the permanency of its fixture to the ground, its condition,
				  and the intention of the owner in placing the mobile home on its present
				  location.
An initial presumption should be made that a mobile home
					 located on proposed right of way is personalty, and that the present owner will
					 retain ownership and move the mobile home from the right of way. However, in
					 some cases it will be clear that the unit is part of the real estate. For
					 instance, the mobile home that is on a concrete foundation with basement and is
					 on a professionally landscaped site would be considered real estate. In many
					 cases the distinction is not clear. Legal advice may be secured from the
					 assistant attorney general. Also, the district manager should monitor mobile
					 home personalty/realty determinations to assure that they are made on a fair
					 and consistent basis.
A mobile home determined to be real estate will be acquired
					 and the occupant, if the owner, will be provided relocation benefits as an
					 owner-occupant-displacee.
A mobile home considered as personalty and not real estate
					 may be acquired and relocation benefits provided as an owner occupant under the
					 following circumstances:
a. The
				  structural condition of the mobile home is such that it cannot be moved without
				  substantial damage or unreasonable cost;
b. The mobile home itself is not and cannot
				  economically be made a decent, safe and sanitary dwelling;
c. The mobile home cannot be relocated
				  because there is no available comparable replacement site; or
d. The mobile home cannot be relocated
				  because it does not meet mobile home park entrance requirements.
The determination as to whether to acquire an
					 owner-occupied mobile home considered to be personalty should be made promptly
					 after the first relocation contact has been made with the occupant. In making
					 this determination, consideration must be given to whether the mobile home
					 itself is not a decent, safe and sanitary unit because of its physical
					 condition or its size. Under the procedures outlined in this section, it is not
					 intended that an offer be made by VDOT to acquire a mobile home simply because
					 of required utility deficiencies such as hot and cold running water and septic
					 system. Considering the above, if it is determined by the district manager that
					 VDOT has an obligation to offer to acquire the mobile home, the relocation
					 agent is to contact several reputable mobile home dealers in the area to
					 establish the amount that the mobile home would bring if offered for sale on
					 the open market (salvage value or trade-in value, whichever is higher, shall be
					 used when computing the price differential amount). Once this value is
					 established and approved by the district manager, the approved amount will be
					 used for comparison against the amount established as necessary for the
					 displacee to purchase and relocate into comparable decent, safe and sanitary
					 replacement facility. Upon approval of the maximum replacement housing payment,
					 an offer is to be made for the purchase of the mobile home. Simultaneously, the
					 displacee will be advised of the approved maximum replacement housing payment
					 and the basis for establishing that amount. In the event the displacee refuses
					 VDOT's offer, the district files are to be so documented and no further attempt
					 made to acquire the mobile home. This being the case, the mobile home occupant
					 is to be advised of the Replacement Housing Payment which is the difference
					 between the established value of the mobile home and that amount necessary to
					 acquire a comparable decent, safe and sanitary facility as computed above.
					 Under these conditions the cost to move the mobile home is not an eligible
					 expense.
If VDOT's offer to acquire the mobile home is accepted, the
					 district must have the owner execute an agreement of sale. Upon delivery of the
					 check to the owner, the district will obtain title to the mobile home, a bill
					 of sale, an affidavit, or other proof of ownership. Upon relocation of the
					 occupants, the disposal of the mobile home will be handled in the same manner
					 as other acquired buildings.