Section 23 Persons Covered Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

• Library: Condemnation Practice 2009

Any displaced person who is a “covered person” under 49 C.F.R. § 24.2, which generally includes owner-occupants and tenants, is entitled to the actual reasonable expense of moving all personalty, whether the move is from a residential or commercial establishment. Financial assistance under the URA is available to all displaced persons as long as the displacement is a direct result of the acquisition of the property.

In addition, for some of the relocation assistance, the displaced person must have been residing or conducting business on the property before the acquisition negotiations began. Yet, in Tullock v. State Highway Commission of Missouri, 507 F.2d 712 (8^th Cir. 1974), the Eighth Circuit Court of Appeals held the Federal Highway Administration’s requirement of an occupancy period of the displaced person before the displacement to be invalid for purposes of allowing for moving costs reimbursement because such a requirement was outside the scope of the statute. The Tullock court noted that 42 U.S.C. § 4622, relating to...