Section 28 Replacement Housing Payment-Residence for 180 Days Prior
Library | Condemnation Practice 2009 |
In addition to the cost of moving and related expenses, as discussed in §§5.24–5.25 above, any “covered person” who is required to move from a residential dwelling that has been actually owned and occupied by the applicant for at least 180 days before the initiation of negotiations for the acquisition of the property may be entitled to an additional replacement housing payment of up to $22,500. 49 C.F.R. § 24.401. This payment covers the following items:
- An amount reasonably necessary to be added to the acquisition cost of the owner’s dwelling to enable the displaced person to acquire a comparable replacement dwelling that is decent, safe, and sanitary and functionally equivalent to accommodate the displaced person, is reasonably accessible to public services and places of employment, and is available on the market, §§ 24.401(a) and (b); 24.2(a)(6)
Note: Although the URA provides that the additional payment to cover a replacement dwelling is for the acquisition of a comparable dwelling, the addition of the requirement that the dwelling must be “decent, safe, and sanitary” and adequate to accommodate the displaced person makes it clear that the term “comparable” is more demanding in definition than the same term “comparable” in the condemnation matter. For example, in the condemnation matter, if the residence that is...
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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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