12.13 Relocation Assistance

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2018 Ed.)

12.13 RELOCATION ASSISTANCE

12.1301 In General. The Uniform Relocation Assistance and Real Property Acquisition Policies ³⁶⁵ apply to every entity with the power of eminent domain in Virginia. The policies are modeled after the federal eminent domain policies with which the states must comply to receive federal funds for public improvements. ³⁶⁶

The relocation assistance benefits fall into seven categories and are discussed in detail in the following paragraphs.

12.1302 Reimbursement for Moving Residential Personal Property. A tenant or homeowner, often referred to as "displacee," has a choice between two methods of determining the amount of reimbursement of expenses for moving personal property from a residence. The displacee may obtain (i) the actual cost of moving to new housing or (ii) a payment based on moving expense schedules established by states and the federal highway administration. If the displacee elects reimbursement amounts set under the moving expense schedules, the displacee need not produce any documentation for spending the payment on moving expenses. Some displacees can easily move their own property and keep the moving expense payment. A beneficiary who seeks reimbursement for the actual cost of moving is entitled to storage costs for up to 12 months. Reimbursement for actual moving expenses is limited to moves within 50 miles unless the condemnor gives special approval for a greater radius. This benefit has a cap of $22,500 unless the displacee is entitled to benefits under "Last Resort Housing" rules. ³⁶⁷

12.1303 Supplement for Purchase of Comparable Housing. Condemnors are required to pay the difference between what the condemnor pays to acquire the residential property and what it costs the displaced family to buy comparable housing. There may be sudden jumps in the price of housing, so that by the time a displaced family finds comparable housing, the price of the comparable housing may be greater than what the condemnor paid for acquisition. If the interest rate is greater on the loan to buy comparable housing, the displaced homeowner is entitled to compensation for the difference in the payments resulting from the increase in the mortgage rate.

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To qualify, the homeowner must have resided in the condemned home for 180 days before the first offer from the condemnor. Also, the replacement housing must pass a decent, safe, and sanitary (DSS) standards inspection.

12.1304 Supplemental Payment for Replacement Rental...