reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part II - Relocation Planning and Public Information › Section 24VAC30-41-110 - Relocation planning at acquisition stage

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to the initiation of negotiations
				  the district relocation section will conduct a preacquisition survey of the
				  project. The preacquisition survey is primarily a data gathering function to
				  provide an inventory of relevant characteristics, circumstances and relocation
				  needs of all residential and nonresidential displacees. It should also include
				  a survey of available comparable replacement housing and replacement
				  sites.
B. The district relocation
				  staff will conduct interviews with individuals, families, businesses, farms and
				  nonprofit organizations within the proposed right of way. It is important that
				  accurate and detailed information be obtained that fully reflects the housing
				  needs of each potential displacee.
When the relocation agent visits the potential displacee,
					 the agent should explain that VDOT is conducting a data-gathering survey and
					 that the visit in no way should be construed as a notice to move, or
					 qualification for any relocation benefits. The following points should be
					 explained to the occupant at the time this contact is made:
1. The persons involved must be in occupancy
				  of the subject property when VDOT makes the written offer for the parcel
				  (unless a notice of Intent to Acquire is issued) to qualify for relocation
				  payments; and
2. The potential
				  displacee should not make any financial commitments concerning replacement
				  housing at this time. The property has not yet been acquired and a premature
				  move could result in disqualification for benefits they would otherwise
				  receive.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part II - Relocation Planning and Public Information › Section 24VAC30-41-120 - Public meetings and hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A. General requirements. The district office
				  will present information on real estate acquisition and displacement impacts
				  and relocation services and benefits, at public meetings and hearings. An
				  opportunity will be provided for public comments and questions. Copies of the
				  right of way brochure will be available at all public meetings and hearings and
				  distributed to interested individuals and organizations upon request.
B. Corridor (location) public hearing. The
				  district office will present a summary of relocation program services, benefits
				  and important qualification criteria, and a summary of the following relocation
				  information compiled for the Relocation Assistance Report:
1. The estimated number of displacements of
				  each classification that would be caused by each of the alignments under
				  consideration;
2. The availability
				  of relocation assistance and services, eligibility requirements and payment
				  procedures.
3. A summary of the
				  process and the methods that will be employed to assure that the housing needs
				  of the displacees will be met.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part III - Written Notices › Section 24VAC30-41-130 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Written notices must be furnished each displaced person to
					 ensure full understanding of the benefits and services available. A copy of the
					 notices referred to in
					 24VAC30-41-140,
					 24VAC30-41-150, and
					 24VAC30-41-160 must be placed in
					 the project files after delivery to each recipient.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part III - Written Notices › Section 24VAC30-41-140 - Notice of intent to acquire

Current through Register Vol. 40, No. 24, July 15, 2024
A. The purpose of the notice of intent to
				  acquire is to establish eligibility for relocation benefits prior to the
				  initiation of negotiations for the parcel. It is utilized in exceptional
				  circumstances to relieve hardship to displacees. It is primarily applicable to
				  residential owners who are prevented from selling a home because of the
				  knowledge in the area of an impending project. It is also applicable to tenants
				  and to owners of unimproved property.
B. The Virginia Department of Transportation
				  (VDOT) must determine that a hardship exists for the occupants of the property
				  in order to utilize the notice of intent to acquire. Such hardship may arise
				  from a change in employment requiring a move; illness or infirmity making it
				  difficult to live in and maintain the occupied property; or financial inability
				  to pay costs of ownership or rental.
C. When the notice of intent to acquire is
				  furnished to an owner, it must also be furnished to any tenants within 15 days.
				  When the notice is furnished a tenant, the owner must simultaneously be
				  furnished with a copy of such notice.
D. The notice letter will include a statement
				  of eligibility, the anticipated date of initiation of negotiations for the
				  acquisition of the parcel and how additional information on relocation
				  assistance benefits and services can be obtained.
E. The notice of intent to acquire will be
				  issued only after authorization is received to initiate negotiations on the
				  project, or authorization of acquisition of individual parcels solely for
				  protective buying or because of hardship. When the notice is issued, every
				  effort should be made to acquire the property as soon as possible, to prevent
				  possible subsequent tenant occupancy and to minimize rental vacancy loss for
				  the owner.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part III - Written Notices › Section 24VAC30-41-150 - Notice of replacement housing payment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Residential owners and tenant occupants
				  will be advised in person or by certified mail of the amount of the maximum
				  replacement housing payments for which they are eligible. This notice will also
				  provide the specific comparable dwelling which was used as the basis for the
				  purchase or rental supplement and which is referred to as available for
				  occupancy.
B. When feasible the
				  Replacement Housing Payment Notice should be delivered at the time of the
				  initiation of negotiations for the parcel.
C. If the maximum purchase or rent supplement
				  payment cannot be established prior to the initiation of negotiations due to
				  unusual circumstances which exist, such as large household size, low family
				  income, unusually large number of rooms in the existing dwelling, absence of
				  available comparable dwellings, or any combination of these, the owners will be
				  fully advised of the entitlement to benefits during the first negotiations
				  contact. They will also be advised that they will not be required to move until
				  at least 90 days after the date when comparable housing is offered and they are
				  informed of the maximum replacement housing benefit amount for which they are
				  eligible. Tenants for whom payment amounts are not yet established will be
				  similarly advised.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part III - Written Notices › Section 24VAC30-41-160 - Ninety-day assurance notice

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The construction or development of a highway project must be scheduled so that
				  to the greatest extent practicable assurance will be made that no person
				  lawfully occupying real property will be required to move from a dwelling,
				  business, farm or nonprofit organization for at least 90 days from the date the
				  written offer for the property is made by the department.
B. A 90-day assurance notice will be issued
				  when a written offer for the property is made. In the case of a residential
				  displacee, the 90-day assurance notice will be issued on or after the date a
				  written offer for the property and the replacement housing payment offer have
				  been made. The 90-day assurance notice will state that the displaced person
				  will not be required to move from a dwelling, business, farm or nonprofit
				  organization before 90 days from the date of the notice. The 90-day assurance
				  notice will further state the displaced person will be given a specific date by
				  which the property must be vacated in a final written notice to be issued at
				  least 30 days in advance of the specific date.
C. The final written notice may be given to
				  the displaced person at the time the department has legal possession of the
				  property, provided the specific vacation date is at least 90 days after the
				  date the written offer for the property was made and at least 30 days in
				  advance of the date the property must be vacated. No written final notice will
				  be required where a displaced person moves prior to the time such notice should
				  be given. The file should indicate that the displaced person moved prior to the
				  final notice being issued.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IV - Relocation Advisory Services › Section 24VAC30-41-170 - General

Current through Register Vol. 40, No. 24, July 15, 2024
The relocation advisory services program will be carried
					 out so that displacees will receive uniform and consistent services and
					 payments regardless of race, color, religion, sex, or national origin. The
					 services provided under this section are intended to assist displacees in
					 relocating to decent, safe and sanitary housing that meets their needs. The
					 services will be provided by personal contact. If personal contact cannot be
					 made, the district office will document the file to show that reasonable
					 efforts were made to achieve the personal contact.
Relocation advisory services shall be offered to:
1. Any displaced person as defined in
				  24VAC30-41-30.
2. Any person occupying property immediately
				  adjacent to the real property acquired when VDOT determines that such person or
				  persons are caused substantial economic injury because of the
				  acquisition.
3. Any person who, as
				  a result of the project, moves, or moves personal property from real property
				  not being acquired for the project.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IV - Relocation Advisory Services › Section 24VAC30-41-180 - Relocation offices

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The need for the establishment of a relocation office to service the displacees
				  located on a project will be determined on a project-by-project basis by the
				  district manager. The main criteria for establishing a project office will be
				  whether such an office would be efficient and responsive to displacee needs and
				  an efficient use of staff resources. An adequate sign clearly visible to the
				  public will identify all project site offices.
B. A local relocation office must be easily
				  accessible to project area residents and business operators and shall be open
				  during normal work hours and during evening hours when necessary to serve the
				  project displacees. The office should be arranged so as to afford privacy
				  during meetings with project residents and other persons having business at the
				  office. At least one relocation agent will be assigned to the office with the
				  primary responsibility of providing relocation assistance. The agent will be
				  required to maintain regular contact with the project's displacees and be
				  available for evening appointments at the convenience of the displacees.
The following information should be available:
1. Local ordinances pertaining to housing,
				  building codes and open housing.
2.
				  Consumer educational literature on housing, shelter costs and family
				  budgeting.
3. Copy of VDOT's
				  relocation brochure.
4. A current
				  and continuing list of decent, safe and sanitary replacement dwellings, both
				  for rent and for sale. The list will contain only fair and open housing
				  available to persons without regard to race, color, religion, or national
				  origin.
5. A similar list of
				  commercial properties and locations for business.
6. Current data for such costs as security
				  deposits for utilities, leases and closing costs, typical down payments,
				  interest rates and terms, taxes, assessments, etc.
7. Maps showing location of schools, parks,
				  playgrounds, shopping areas and appropriate public transportation routes,
				  schedules and costs.
8. Any other
				  important information of value to displacees.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part V - Moving Costs - Residential Moves › Section 24VAC30-41-200 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. A displaced
				  individual or family is entitled to receive a payment for moving personal
				  property. The displacee has the option of a payment based upon the actual
				  reasonable moving expenses (commercial move or self-move), a fixed payment that
				  is based on VDOT's room count schedule, or, in unusual circumstances, any
				  combination of the above. An example of such a circumstance would be to have a
				  commercial mover that will move the household items, but will not move certain
				  personal property stored in a shed. The displacee can remove the items from the
				  shed as a self-move.
B. The
				  displacee is required to file a written application, Form RW-60A with VDOT and
				  obtain approval prior to the date on which the move is to be accomplished.
				  After the move has been completed, the displacee must complete and submit a
				  relocation certification claim, Form RW-67A, within 18 months after the later
				  of the following dates:
1. The date the
				  displacee moves from the real property, or moves personal property from real
				  property; or
2. The date of
				  acquisition.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part V - Moving Costs - Residential Moves › Section 24VAC30-41-210 - Actual reasonable moving expenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Move performed by commercial mover.
1. If a displaced individual or family
				  desires to have a move performed by a commercial mover, the assigned relocation
				  agent will obtain bids or estimates from two reputable moving companies. VDOT
				  may pay the cost of obtaining bids or estimates, if approved by the district
				  manager. VDOT will retain the right to reject any and all bids. The agent will
				  also assure that all bids or estimates received are based upon the same move
				  specifications and personal property inventory. The maximum payment will be the
				  amount of the lowest acceptable bid or estimate. Since the displaced individual
				  or family has the right to engage the services of any company, VDOT will pay
				  the amount of receipted bills, but not to exceed the amount of the approved low
				  bid or estimate.
2. If the actual
				  cost of the move exceeds the estimated amount, the excess amount may be paid,
				  if sufficient documentation is presented with the claim and the district
				  recommends payment.
3. The
				  displacee may present an unpaid mover's bill, along with the moving cost claim
				  form, to VDOT for direct payment to the mover.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part V - Moving Costs - Residential Moves › Section 24VAC30-41-220 - Moving expense schedule

Current through Register Vol. 40, No. 24, July 15, 2024
A. In lieu of a payment for actual costs, a
				  displaced person or family who occupies the acquired dwelling may choose to be
				  reimbursed for moving costs based on a moving expense schedule established by
				  VDOT based on a room count. The schedule is revised periodically, based on a
				  survey of movers, to reflect current costs. The schedule is used by all
				  acquiring agencies throughout the state by agreement coordinated by the Federal
				  Highway Administration.
The room count used will include occupied rooms within the
					 dwelling unit plus personal property located in attics, unfinished basements,
					 garages and outbuildings, or significant outdoor storage. Spaces included in
					 the count must contain sufficient personal property as to constitute a
					 room.
B. A person with
				  minimal personal possessions who is in occupancy of a dormitory style room
				  shared by two or more other unrelated persons, or if the move is performed by
				  VDOT at no cost to the person, shall be limited to $50.
C. The cost to move a retained dwelling, any
				  other structure, or any item determined to be real estate prior to the move, is
				  not a reimbursable moving cost. However, if an owner-occupant retains the
				  dwelling, including a mobile home, and chooses to use it as a means of moving
				  personal belongings and furnishings, the owner-occupant may receive a moving
				  cost payment based upon the moving expense schedule.
D. A discussion of residential move
				  reimbursement options is contained in the "Guidance Document for Determination
				  of Certain Financial Benefits to Displacees," effective October 1,
				  2014.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-230 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The operator of
				  a displaced business, farm or nonprofit organization is entitled to receive
				  payment for the following categories of actual costs associated with moving:
1. Moving costs for relocating all personal
				  property including machinery, equipment and fixtures and disconnect/reconnect
				  costs;
2. Search costs for a
				  replacement location not to exceed $2,500; and
3. Reestablishment expenses not to exceed
				  $25,000.
All moving expenses will be actual and reasonable. To
					 assure this, the district office will monitor the process of conducting
					 inventories, developing move specifications, securing commercial moving bids
					 and estimates and observing the conduct of the move. Emphasis will be directed
					 toward moves that are of a complicated nature or involve a substantial
					 expenditure.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-240 - Certified inventory

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The owner of the displaced entity will prepare an inventory of the items to be
				  actually moved. The inventory will be certified as true and correct as of a
				  specific date by the person making it, as well as the owner of the business.
				  The inventory will be provided to the district office along with the moving
				  cost application, Library Form RW-60B.
B. The inventory will be checked against
				  VDOT's approved appraisal for the real estate to preclude the possibility of
				  paying to move items which have been classified as real estate. This inventory
				  will also be furnished to all interested bidders in order to ensure that all
				  bids are based on moving the same personal property.
In a complex or expensive move the assigned relocation
					 agent will visually confirm the accuracy of the inventory as an element of
					 monitoring the move.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-260 - Moves performed by a commercial mover

Current through Register Vol. 40, No. 24, July 15, 2024
The district office will secure two independent bids or
					 estimates from reputable and qualified moving companies, which VDOT may pay for
					 if necessary. The movers will be provided with the certified inventory of the
					 personal property to be moved. Arrangements will be made for an inspection of
					 the site from which property will be moved. Bids will be solicited with the
					 understanding that VDOT has the right to reject any and all bids. It is
					 incumbent upon the district office to see that all bids received are based on
					 the certified inventory and move specifications. The maximum payment will be
					 limited to the lowest acceptable bid. The displacee has the right to engage any
					 moving company to accomplish the move, and VDOT will pay the amount for the
					 move supported by receipted bills not to exceed the amount of the approved low
					 bid.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-270 - Self-moves

Current through Register Vol. 40, No. 24, July 15, 2024
A. Businesses,
				  farms and nonprofit organizations have the option of performing a self-move.
				  When the district office can obtain two acceptable bids or estimates from
				  qualified moving firms based on the certified inventory, the owner may be paid
				  the actual reasonable moving cost, not to exceed the amount of the low
				  bid.
B. If such bids or estimates
				  cannot be obtained, the business may submit a bid based on the actual,
				  reasonable, and necessary expenses for a self-move. Labor is to be charged at
				  the actual rates paid by the business, but not to exceed the rate charged by
				  local moving firms for the same services. Receipts or other evidence of
				  expenses must be submitted before payment is made to support actual
				  cost.
C. In the case of a low-cost,
				  uncomplicated move, a moving cost finding, not to exceed $2,500, may be
				  prepared by qualified district office staff.
D. It is possible to have a business move in
				  which part of the move is a self-move and another part is a professional
				  move.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-280 - Low value, high bulk personal property

Current through Register Vol. 40, No. 24, July 15, 2024
When personal property which is used in connection with the
					 business to be moved is of low value and high bulk, such as firewood, sand,
					 gravel, etc., and the estimated cost of moving would be disproportionate in
					 relation to its value, the district office may negotiate with the owner for an
					 amount not to exceed the lesser of:
1.
				  The amount that would be received if the property were sold at the site;
				  or
2. The replacement cost of a
				  comparable quantity delivered to the new business location.
However, the owner retains the right to have the property
					 moved if desired.
Statutory Authority
§§ 25.1-402 and 33.1-12 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-290 - Actual direct losses of tangible personal property

Current through Register Vol. 40, No. 24, July 15, 2024
A. Actual, direct losses of tangible personal
				  property are allowed when a person who is displaced from a business, farm or
				  nonprofit organization is entitled to relocate such property but elects not to
				  do so. This may occur if an item of equipment is bulky and expensive to move,
				  but is obsolete and the owner desires to replace it with a new item that
				  performs the same function. Payments for actual, direct losses can be made only
				  after an effort has been made by the owner to sell the item involved. When the
				  item is sold, payment will be determined in accordance with subsection B or C
				  of this section. If the item cannot be sold, the owner will be compensated in
				  accordance with subsection D of this section. The sales prices and the cost of
				  advertising and conducting the sale, must be supported by copies of bills,
				  receipts, advertisements, offers to sell, auction records and other data
				  supporting the bona fide nature of the sale.
B. If an item of personal property which is
				  used in connection with the business is not moved but is replaced with a
				  comparable item at the new location, the payment will be the lesser of:
1. The replacement cost minus the net
				  proceeds of the sale. Trade-in value may be substituted for net proceeds of
				  sale where applicable; or
2. The
				  estimated cost of moving the item to the replacement site but not to exceed 50
				  miles.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-300 - Searching expenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  displaced business, farm operation, or nonprofit organization is entitled to
				  reimbursement for actual expenses, not to exceed $2,500, as VDOT determines to
				  be reasonable, which are incurred in searching for a replacement location, and
				  includes expenses for:
1. Transportation. A
				  mileage rate determined by VDOT will apply to the use of an
				  automobile;
2. Meals and lodging
				  away from home;
3. Time spent
				  searching, based on reasonable salary or earnings;
4. Fees paid to a real estate agent or broker
				  to locate a replacement site, exclusive of any fees or commissions related to
				  the purchase of such site;
5. Time
				  spent in obtaining permits and attending zoning hearings; and
6. Time spent negotiating the purchase of a
				  replacement site based on a reasonable salary or earnings.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-310 - Reestablishment expenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  small business, farm or nonprofit organization may be eligible to receive a
				  payment, not to exceed $25,000, for expenses actually incurred in
				  reestablishing operations at a replacement site. A small business, farm or
				  nonprofit organization that elects a fixed payment in lieu of actual moving
				  expenses is not eligible for a reestablishment expense payment.
B. Eligible expenses. Reestablishment
				  expenses must be reasonable and actually incurred. They may include the
				  following items:
1. Repairs or improvements to
				  the replacement real property as required by federal, state or local law, code
				  or ordinance;
2. Modifications to
				  the replacement property to accommodate the business operation or make
				  replacement structures suitable for conducting the business;
3. Construction and installation costs for
				  exterior signing to advertise the business;
4. Redecoration or replacement of soiled or
				  worn surfaces at the replacement site, such as paint, paneling, or
				  carpeting;
5. Licenses, fees and
				  permits when not paid as part of moving expenses;
6. Advertisement of replacement
				  location;
7. Increased costs of
				  operation during the first two years at the replacement site for such items as:
a. Lease or rental charges;
b. Personal or real property taxes;
c. Insurance premiums; and
d. Utility charges, excluding impact fees;
				  and
8. Other items that
				  VDOT considers essential to the reestablishment of the business.
A discussion of business reestablishment costs is contained
					 in the "Guidance Document for the Determination of Certain Financial Benefits
					 to Displacees," effective October 1, 2014.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VI - Moving Costs - Businesses, Farms and Nonprofit Organizations › Section 24VAC30-41-320 - Fixed payment in lieu of actual costs

Current through Register Vol. 40, No. 24, July 15, 2024
A. A displaced business, farm or nonprofit
				  organization, meeting eligibility criteria may receive a fixed payment in lieu
				  of a payment for actual moving and related expenses. The amount of this payment
				  is equal to its average annual net earnings as computed in accordance with
				  subsection E of this section, but not less than $1,000 nor more than
				  $75,000.
B. Criteria for
				  eligibility. For an owner of a displaced business to be entitled to a payment
				  in lieu of actual moving expenses, the district office must determine that:
1. The business owns or rents personal
				  property that must be moved in connection with such displacement and for which
				  an expense would be incurred in such move, and it vacates or relocates from its
				  displacement site.
2. The displaced
				  business cannot be relocated without a substantial loss of its existing
				  patronage (clientele or net earnings). A business is assumed to meet this test
				  unless VDOT determines, for a stated reason, that it will not suffer a
				  substantial loss of its existing patronage.
3. The business is not part of a commercial
				  enterprise having more than three other entities that are not being acquired by
				  VDOT and that are under the same ownership and engaged in the same or similar
				  business activities. (For purposes of this rule, any remaining business
				  facility that did not contribute materially to the income of the displaced
				  person during the two taxable years prior to displacement shall not be
				  considered "other entity.")
4. The
				  business is not operated at displacement dwelling or site solely for the
				  purpose of renting such dwelling or site to others.
5. The business contributed materially to the
				  income of the displaced person during the two taxable years prior to
				  displacement. However, VDOT may waive this test for good cause. A part-time
				  individual or family occupation in the home that does not contribute materially
				  to the displaced owner is not eligible.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VII - General Provisions for Replacement Housing Payments › Section 24VAC30-41-330 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Individuals and families displaced from a dwelling are
					 eligible for purchase or rental supplement payments in accordance with the
					 provisions of this part. The purpose of the purchase or rental supplement is to
					 enable the displaced household to relocate to decent, safe and sanitary
					 replacement housing that is within financial means. The specific type of
					 payment will depend on the status as owner or tenant and length of occupancy at
					 the displacement dwelling. There are also conditions for payment including the
					 requirement that the displacee occupy replacement housing that meets decent,
					 safe and sanitary standards and submit a claim within the required period. The
					 key terms used in this part are defined as follows:
"Incidental expenses" mean closing and other costs
					 incidental to the purchase of a replacement dwelling.
"Increased interest payment" means the amount which will
					 reduce the mortgage balance on a new mortgage to an amount that will be
					 amortized with the same monthly payment for principal and interest as that for
					 the mortgage on the displacement dwelling.
"Purchase supplement payment" means the amount which, when
					 added to the acquisition value, equals the cost of comparable replacement
					 housing.
"Rent supplement payment" means the amount which equals 42
					 times the difference between base monthly rental of a displacement dwelling and
					 the monthly rent of a comparable dwelling.
"Replacement housing payment" means the total of the
					 amounts established for a displacee under the definitions listed in this
					 section.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VII - General Provisions for Replacement Housing Payments › Section 24VAC30-41-340 - Fully eligible occupants

Current through Register Vol. 40, No. 24, July 15, 2024
A. A fully eligible owner-occupant of 90 days
				  or more may receive either a purchase supplement payment plus increased
				  mortgage interest costs and incidental costs not to exceed $31,000 or a rent
				  supplement subject to the conditions set forth in
				  24VAC30-41-510.
A fully eligible tenant-occupant of at least 90 days may
					 receive either a down payment supplement including closing costs, not to exceed
					 $7,200 and subject to the conditions set forth in
					 24VAC30-41-570, or a rent
					 supplement, not to exceed $7,200.
B. The above limits of $31,000 and $7,200 do
				  not apply if a displacee's circumstances with regard to available replacement
				  housing require the use of last resort housing provisions. It is VDOT's
				  obligation to enable the displacee to relocate to comparable replacement
				  housing while retaining original status as either an owner or a tenant. This
				  obligation overrides any monetary limit, which would otherwise apply. Refer to
				  Part XI (24VAC30-41-650 et seq.) of this
				  chapter for last resort housing provisions.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VII - General Provisions for Replacement Housing Payments › Section 24VAC30-41-350 - Partially eligible occupants

Current through Register Vol. 40, No. 24, July 15, 2024
A person who occupies a dwelling prior to its acquisition
					 by VDOT, but who did not occupy it long enough (90 days) to gain full
					 eligibility, may still qualify for a last resort housing rent supplement when a
					 comparable rental is not available within their financial means.
When length of occupancy places a person in this category,
					 a rent supplement computation using the base rent must be computed and offered.
					 Regardless of the amount, an offer under these circumstances must be documented
					 using last resort housing procedures (see
					 24VAC30-41-660
					 ).
Statutory Authority
§§ 25.1-402 and 33.1-12 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VII - General Provisions for Replacement Housing Payments › Section 24VAC30-41-360 - Requirements to receive payment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to length of occupancy
				  provisions, the displaced person must occupy a decent, safe and sanitary
				  dwelling, as defined in
				  24VAC30-41-30, within one year,
				  beginning on the following dates:
1.
				  Owner-occupant of 90 days or more. The date on which the owner received payment
				  of the entire consideration for the acquired dwelling in negotiated
				  settlements, or in the case of condemnation, the date on which the certificate
				  was filed and the amount set forth in the certificate was made available for
				  the benefit of the owner.
2.
				  Tenant-occupant of 90 days or more. The date on which the move occurs. An
				  occupancy affidavit (Form RW-62C) shall be secured as evidence of occupancy.
A displaced person who cannot occupy the replacement
					 dwelling within the one-year time period because of construction delays beyond
					 reasonable control, will be considered to have purchased and occupied the
					 dwelling as of the date of the contract to purchase. The replacement housing
					 payment under these conditions may be deferred until replacement housing is
					 actually occupied.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VII - General Provisions for Replacement Housing Payments › Section 24VAC30-41-370 - Inspection for decent, safe and sanitary housing

Current through Register Vol. 40, No. 24, July 15, 2024
Before submitting the displacee's claim for payment, a
					 district relocation agent must inspect the replacement dwelling and determine
					 that it meets the standards for decent, safe and sanitary housing. This
					 inspection is to be made to the extent necessary to obtain the information to
					 accurately complete Library Form RW-69B. A copy of Library Form RW-68A showing
					 the dates and substance of all contacts with the displacee must accompany this
					 completed form. This inspection is made solely for the purpose of determining
					 the eligibility of relocated individuals and families for payment under this
					 section and is not a representation for any other purpose.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VII - General Provisions for Replacement Housing Payments › Section 24VAC30-41-380 - Multiple occupancy of same dwelling unit

Current through Register Vol. 40, No. 24, July 15, 2024
A. If eligible multiple occupants occupy the
				  same dwelling unit, they will be considered to constitute a family for
				  relocation purpose if a comparable replacement dwelling is available. The
				  occupants are entitled to only one replacement housing or rent supplement
				  payment. If a comparable replacement dwelling is not available, a replacement
				  housing or rent supplement payment for each occupant will be based on housing
				  which is comparable to the quarters privately occupied by each occupant plus
				  community rooms which have been shared with other occupants.
B. When all individuals displaced from one
				  dwelling do not relocate into decent, safe and sanitary housing, those
				  individuals who do relocate into decent, safe and sanitary housing will be paid
				  the pro rata share of the appropriate payment they would have received if all
				  individuals had relocated together in the same ownership or rental status as
				  they had at the time of initiation of negotiations.
C. If eligible multiple occupants of the
				  displacement dwelling move to separate replacement dwellings, each occupant is
				  entitled to a reasonable prorated share, as determined by VDOT, of any
				  relocation payments that would have been made if the occupants moved together
				  to a comparable replacement dwelling.
D. If VDOT determines that two or more
				  occupants maintained separate households within the same dwelling, such
				  occupants have separate entitlements to relocation payments.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-390 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A displaced owner-occupant of a dwelling may receive a
					 replacement housing payment, the elements of which will not exceed $31,000
					 except when last resort housing has been authorized. The elements included in
					 the replacement housing payment are: additional costs necessary to purchase
					 replacement housing (purchase supplement); compensation to the owner for the
					 increased interest cost and other debt service costs that are incurred in
					 connection with a mortgage or mortgages on the replacement dwelling; and
					 reimbursement to the owner for expenses incidental to the purchase of
					 replacement housing when such costs are incurred as specified by the provisions
					 of this chapter.
The purchase supplement is the amount, if any, which when
					 added to the amount for which VDOT acquired the dwelling, equals the actual
					 cost that the owner is required to pay for a decent, safe and sanitary dwelling
					 or, if lesser, the amount determined by VDOT as necessary to purchase a
					 comparable decent, safe and sanitary dwelling.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-400 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
An owner-occupant is entitled to a replacement housing
					 payment when:
1. The owner is in
				  occupancy at the initiation of negotiations for the acquisition of the
				  property, or is in occupancy at the time a written notice of intent to acquire
				  is delivered by VDOT;
2. Such
				  ownership and occupancy has been for at least 90 consecutive days immediately
				  prior to the earlier of the initiation of negotiations, or the date of vacation
				  if a notice of intent to acquire has been issued;
3. Purchase and occupancy of a decent, safe
				  and sanitary dwelling has occurred within the specified time period;
				  and
4. If otherwise eligible, the
				  owner-occupant can receive these payments if the move was a result of the
				  initiation of negotiations, even though VDOT did not acquire the
				  property.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-410 - Purchase of replacement dwelling

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose of this section, a
				  displaced person "purchases" a dwelling when:
1. An existing decent, safe and sanitary
				  dwelling is acquired.
2. A life
				  estate in a retirement home is purchased. The actual cost will be entrance fee
				  plus any other monetary commitments to the home, except periodic service
				  charges may not be considered. The replacement housing payment is limited to
				  the reasonable cost of purchasing a comparable replacement dwelling less the
				  acquisition cost of the acquired dwelling.
3. A dwelling previously owned or acquired is
				  relocated or rehabilitated, or both. The basis for determining the purchase
				  supplement will be the current value of the dwelling at the time of
				  relocation.
4. Construction is
				  completed or contracts have been executed for the construction of a new
				  dwelling on a site owned or acquired. The actual cost provision limits the
				  reimbursable construction cost to only those costs necessary to construct a
				  dwelling comparable to the one acquired. The costs of adding new features that
				  clearly exceed comparable features in the displacement dwelling are not
				  eligible for reimbursement. Eligible costs of the site will be limited to the
				  current residential fair market value of the replacement site rather than what
				  the displaced person actually paid for it.
5. Any person who has obtained legal
				  ownership of a replacement dwelling or land upon which the replacement dwelling
				  is located, constructed or relocated to, either before or after displacement
				  and occupies the replacement dwelling after being displaced, but within the
				  time limit specified in
				  24VAC30-41-360 is eligible for a
				  replacement housing payment if the replacement dwelling meets the decent, safe
				  and sanitary standards. The current fair market value of land and dwelling will
				  constitute the "actual cost" in the replacement housing
				  determination.