Section 27 In Lieu Payment-Business and Farms

• Library: Condemnation Practice 2009

A business or farm owner, in lieu of proving the costs delineated in §5.26 above, may be eligible to receive a fixed paymentin an amount equal to the “average annual net earnings” of the business or farm operation but not less than $1,000 and not more than $20,000. 49 C.F.R. § 24.305. This payment is also available if the business is forced out of business as a result of the taking.

For the owner of a business to qualify for this election, the agency must determine that:

• the business cannot be...