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 (8th 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...
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- Section 1 Abandonment or Payment of Award
- Section 2 Generally
- Section 3 Interest
- Section 4 Common Law
- Section 5 Section 523.259, RSMo
- Section 6 Commissioners' Report
- Section 7 Heritage and Homestead Value
- Section 8 Procedures for Payment of Award
- Section 9 Exceptions-When Filed
- Section 10 Right to Possession-Statute for Writ of Possession
- Section 11 Relocation Assistance and Compensation
- Section 12 Federal Relocation Act
- Section 13 Implementation
- Section 14 Applicability
- Section 15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970-Regulations
- Section 16 Duplication of Payment-Caveat
- Section 17 Relocation Notices Required to Be Given
- Section 18 Written Claims and Assistance by Agency
- Section 19 Time for Filing Claims
- Section 20 Denial of a Claim
- Section 21 Administrative Appeal
- Section 22 Denial of a Claim
- Section 23 Persons Covered Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- Section 24 Moving Costs and Related Expenses-Residential Moves
- Section 25 Fixed Payments for Moving Expenses-Residential Moves
- Section 26 Moving Costs and Related Expenses-Nonresidential Moves
- Section 27 In Lieu Payment-Business and Farms
- Section 28 Replacement Housing Payment-Residence for 180 Days Prior
- Section 29 Replacement Housing Payment for Tenants, Short-Term Owners, and Mobile Home Owners
- Section 30 Incidental Closing Costs
- Section 31 Applicability of State Law
- Section 32 Residential Benefits
- Section 33 Business Benefits
- Section 34 Waiver During Settlement
- Section 35 Tax Considerations of Relocation Payments
- Section 36 Conclusion
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