CONTENTS

Department of Transportation Policy on Replacement Housing……..

1

Residential Moving Cost Payments………………………..…………… 9

Business, Farm and Nonprofit Organization Moving and/or

Reestablishment Cost Payments……………………..…………..…

13

Displaced Business Payments…………………………..……………… 17

Displaced Farm Operation Payment…………………………………… 19

Replacement Housing Payments……………………….……………… 20

Incidental Closing Cost Payments……………………………………… 24

Mortgage Interest Differential Payment…………….………..………… 26

Rental Assistance and Down Payment Assistance Payments……… 28

Moving Cost Schedule…………………………………………………… 36

Prepared by

RIGHT OF WAY DIVISION

Relocation Section

Room 807

10324 Interstate 30, Little Rock, Arkansas 72209

Telephone: 501-569-2304

Arkansas Department of Transportation

P. O. Box 2261

Little Rock, Arkansas 72203

1

Department of Transportation

Policy on Replacement Housing

It is the policy of the Arkansas Department

of Transportation that no person shall be

displaced by the Department’s Federal

and Federally-assisted construction projects

unless and until comparable replacement

housing has already been provided

for or is built. To accomplish this policy

the following three principal points

must be carried out:

a. A specific written assurance that the

Department will comply with the Uniform

Relocation Assistance and Real

Property Acquisition Policies Act

of 1970 and 49 CFR Part 24, has

been provided.

b. Construction will be authorized only

upon verification that replacement

housing is in place and has been

made available to all affected persons.

c. All replacement housing must be fair

housing-open to all persons regardless

of race, color, religion, sex or

national origin. This is in addition to

the requirement that replacement

housing must be offered to all affected

persons regardless of their

race, color, religion, sex or national

origin.

The Department offers relocation assistance

to all individuals, families, businesses,

farm operators, and nonprofit organizations

who are displaced by Federally-aided

highway projects.

What is the purpose of the Program?

The program is designed to provide advisory

assistance to all displacees, both

property owners and tenants, and under

many circumstances, as explained in this

brochure, to also make payments available

to help offset some of the expenses

and costs which will be experienced by

those who are displaced.

Who is considered a “displacee?”

The term “displacee” refers to any person,

family, business owner, farm operator, or

nonprofit organization who is being either

partially or totally displaced by a highway

project.

What is the difference between being

“partially displaced” and “totally

displaced?”

You are “partially displaced” if only a portion

of your property is acquired by the

Department and acquisition does not require

you to move from your property, but

you are required to move items of your

personal property which are located within

the new right of way limits.

If the acquisition of your property by the

Department causes your actual displacement

from your residence, business, farm

or nonprofit organization, you are considered

to be “totally displaced” so far as the

Relocation Program is concerned, even if

the Department does not acquire your entire

property.

2

Will I be personally contacted concerning

the Relocation Program?

Yes. A Relocation Coordinator from the

Department will contact you, explain the

Relocation Program in detail, and help you

concerning any relocation problems you

may have. You are encouraged to ask

questions concerning the program to be

sure that you understand the eligibility requirements

necessary to enable you to receive

the relocation payments for which

you may be eligible. The Relocation Coordinator

who contacts you will provide

their business phone number and an address

where they may be contacted if you

have additional questions or problems.

Are there “basic” payment qualification

requirements that are applicable

to all displacees?

Yes. To be eligible for any relocation payment

you must at least meet each of the

following basic requirements:

1. You must be in legal occupancy of

the property being acquired by the

Department. (Negotiations are initiated

on the date Department representatives

present a formal, written

offer to purchase the property from

the owner.) You should not, whether

you are a tenant or an owner, vacate

any property scheduled for acquisition

by the Department prior to

receiving a written Notice of Eligibility

from Department officials. Otherwise,

you may lose your eligibility for

Relocation benefits to which you

may be entitled.

Should the Department, for any reason,

not acquire the property you

occupy, no relocation payments will

be made. Therefore, to be safe

concerning relocation payment eligibility,

you should not move from the

property you occupy until after it has

been acquired by the Department.

To the maximum extent practicable,

no person lawfully occupying real

property is required to move from

their home, farm, or business location

without at least 90 days written

notice.

2. You must actually move from the

property being acquired, or due to a

partial displacement, move items of

personal property from the acquisition

area after the initiation of negotiations.

3. You must also meet the specific requirements

outlined later in this brochure

for each of the various relocation

payments which may be available

to you.

How will I know when I must move?

You will receive a first vacancy notice letter

that will assure you that you will not

have to vacate any sooner than 90 days

from the date of the letter. At a later time,

you will receive a final vacancy notice stating

an exact date to vacate. The final vacancy

notice will give you at least 30 days

from the date of the letter.

What specific payments am I entitled

to receive?

All displacees who may be eligible for relocation

payments can be placed in one of

the following categories:

3

RESIDENTIAL OCCUPANTS

A. Residential owner-occupants who will

be totally displaced from dwelling units

they owned and occupied for at least 90

days prior to the time negotiations were initiated

for the property.

If you fit into this category and purchase a

decent, safe and sanitary replacement

property, you may be eligible for the following

payments:

1. A Residential Moving Cost Payment

2. A Price Differential Payment

3. An Incidental Closing Cost Payment

4. A Mortgage Interest Differential

Payment

If you rent a decent, safe and sanitary replacement,

you may be eligible for the following

payments, in lieu of those listed

above:

1. A Residential Moving Cost Payment

2. A Rental Assistance Payment

In every case you must meet specific qualification

requirements for each type of

payment that may be available to you,

which will be explained later in this brochure,

as well as the basic requirements

which have already been discussed.

B. Residential tenants who are being totally

displaced from a dwelling unit they

occupied for at least 90 days prior to the

initiation of negotiations.

Displacees in this category who rent a decent,

safe and sanitary replacement dwelling

may be eligible for the following payments:

1. A Residential Moving Cost Payment

2. A Rental Assistance Payment

You may choose to purchase a decent,

safe and sanitary replacement dwelling, in

which case the amount of your Rental Assistance

Payment may be applied to the

Downpayment and incidental closing costs

associated with the purchase.

C. Residential owners and tenants who

are being totally displaced from dwelling

units they occupied for less than 90 days

prior to the initiation of negotiations.

If you fit into this category and legally occupied

the property at the initiation of negotiations,

you will be eligible for a Residential

Moving Cost Payment and you

may qualify for Rental Assistance.

PERSONAL PROPERTY ONLY

Anyone who is required only to move personal

property from the real property the

Department acquires. This category could

include residents, businesses, farms, nonprofit

organizations, or storage tenants.

If you are in this category and meet the

basic qualifications, you may be eligible for

reimbursement of most of the actual costs

you incur in moving your personal property.

BUSINESSES, FARMS AND NONPROFIT

ORGANIZATIONS

Any Business, Farm or Nonprofit Organization

which is displaced may be eligible

to receive reimbursement for Moving,

Search, and Reestablishment expenses.

Alternatively, some may qualify for a payment

as a displaced entity in lieu of the

above payments.

4

A. Owner of a business that does not

contribute materially to its owner’s income:

Displacees in this category may be eligible

for reimbursement of the actual cost of

moving the items of personal property involved

as discussed later in this brochure

under the heading “Business, Farm, and

Nonprofit Organization Moving and/or

Reestablishment Expense Payments.”

B. Owner of a business that contributes

materially to its owner’s income:

If you are in this category, you may be eligible

for a Business Moving and/or

Reestablishment Expense Payment as

discussed later in this brochure under the

heading “Business, Farm, and Nonprofit

Organization Moving and/or Reestablishment

Expense Payments.”

However, if your business cannot be relocated

without a substantial loss of its existing

patronage, you may be eligible for a

Fixed Payment, in lieu of Moving, Search,

and Reestablishment Expense payments.

C. Owner of a farm operation which does

not contribute materially to its owner’s income:

Displacees who fit into this category may

be eligible for reimbursement of the actual

cost of moving the items of personal property

involved, normally under the procedures

outlined under the heading “Business,

Farm, and Nonprofit Organization

Moving and/or Reestablishment Expense

Payments.”

D. Owner of a farm operation which contributes

materially to the owner’s income:

If you fit into this category, you may be eligible

for either the actual cost of moving

your personal property under the procedure

outlined under the heading “Business,

Farm and Nonprofit Organization

Moving and/or Reestablishment Expense

Payments,” or if the highway acquisition is

so severe that no type farming can be continued

on your remaining property, or

caused a substantial change in the nature

of the operation, you may be eligible for a

displaced farm operation payment.

E. Nonprofit organizations which own fixtures,

equipment, stock-in-trade, or other

tangible property for the carrying on of a

business, professional, or institutional activity

on the premises:

Nonprofit organizations are normally entitled

to reimbursement for the actual cost of

moving their personal property under the

procedure outlined under the heading

“Business, Farm and Nonprofit Organization

Moving and/or Reestablishment Expense

Payments.” Nonprofit organizations

may be eligible for a Displaced Nonprofit

Organization Payment in lieu of Moving,

Search, and Reestablishment Expense

payments.

If I live in a mobile home, will I be eligible

for relocation payments?

Yes, under most circumstances you will be

eligible for the same relocation benefits as

displacees who live in conventional dwellings.

There are procedures that apply

specifically to mobile homes; therefore,

you should discuss your particular situation

with your Relocation Coordinator for

clarification.

5

What is meant by “decent, safe and

sanitary replacement dwelling?”

Before any “replacement housing”, “rental

assistance”, or “Downpayment assistance”

payments can be made to you, the Department

must determine that you have

moved into living quarters that meet the

following decent, safe and sanitary standards:

1. Conforms to State and Local

Housing Codes and Ordinances –

conforms with all applicable provisions

for existing structures that

have been established under State

and local building, plumbing, electrical,

housing and occupancy codes

and similar ordinances or regulations.

2. Water – has a continuing and adequate

supply of potable, safe water.

3. Kitchen Requirements – has a

kitchen or an area set aside for

kitchen use which contains a sink in

good working condition and connected

to hot and cold water, and an

adequate sewage system. The

kitchen area or area set aside for

such use shall have utility service

connections and adequate space for

the installation of a stove and refrigerator.

4. Heating System – has an adequate

heating system capable of sustaining

a healthful temperature (approximately

70 degrees).

5. Bathroom Fixtures – has a bathroom,

well lighted and ventilated,

and affording privacy to a person

within it, containing a lavatory basin,

and a bathtub or shower stall,

properly connected to an adequate

supply of hot and cold running water,

all in good working order and

properly connected to a sewage

disposal system.

6. Electric System – has an adequate

safe wiring system for lighting and

other electrical services.

7. Structurally Sound – it is structurally

sound, weather-tight and in

good repair.

8. Egress – each building used for

dwelling purposes shall have a safe,

unobstructed means of egress leading

to safe open space at ground

level and for a handicapped displacee,

be free of any barriers which

would preclude reasonable ingress,

egress, or use of the dwelling. In

multi-dwelling buildings of two stories

or more, the common corridor

on each story must have at least

two means of egress.

9. Adequate Size – be adequate in

size with respect to the number of

rooms and area of living space

needed to accommodate the displaced

person.

The Standards for decent, safe and sanitary

housing as applied to rental of sleeping

rooms shall include the minimum requirements

contained in preceding paragraphs

1, 4, 6, 7, 8, and 9; and they also

must have access to a lavatory, bath, and

toilet facilities that provide privacy if such

facilities are separate from the room.

If any doubt exists as to whether or not a

replacement dwelling which you plan to

rent or purchase meets the above decent,

safe and sanitary standards, you should

6

ask your Relocation Coordinator to inspect

it and make a determination prior to making

a firm commitment to the landlord or

seller.

What if I am not satisfied with my relocation

payments?

If you are not satisfied with the amount of

a relocation payment, or you have been

denied a payment which you believe you

should have received, you may submit a

written, detailed request for review to the

Relocation Section Head. If the Relocation

Section Head determines that you are eligible

for the payment, your Coordinator

will provide you with a Claim form. If it is

determined you are not eligible for the

payment, you will be notified in writing in a

timely manner.

If you are dissatisfied with the conclusion

of the Relocation Section Head’s review,

you may request a hearing with the Appeal

Hearing Panel. The time limit for filing an

appeal is 60 days past the date you receive

notice of rejection of a payment from

the Department. You will be provided, on

request, a form to assist you in filing a

formal appeal.

Following the Appeal Hearing, the facts of

the case will be promptly and carefully reviewed,

and you will be notified of the decision

within a reasonable period of time.

If full relief requested is not granted, then

you have the right to seek judicial review.

NOTE: The balance of this brochure

describes the various relocation

payments that have been mentioned

in the preceding paragraphs, as well

as the specific payment qualification

requirements for each type of payment.

You are invited to read all of

the information provided and you

are urged to give careful attention to

those payments, which you may be

eligible to receive, as listed under

your relocation category.

7

A “Comparable” Replacement

Means That Your…

and

Present Replacement

Dwelling Dwelling

are functionally equivalent and adequate

Regarding:

 Number of rooms

 Area of living space

And the replacement is:

 Currently available

 Within your financial means

 Decent, safe and sanitary

 In an area not subject to unreasonable

adverse environmental conditions, etc.

8

REPLACEMENT HOUSING MUST BE

Decentt,, Saffe and Saniittary*

…. which means it meets all of the minimum requirements

established by the Federal Highway Administration and

conforms to local housing codes and ordinances.**

Conforms

To State

& Local

Codes

Structurally Sound

Weathertight and in

Good Repair Safe

Unobstructed

Kitchen: Bathroom: Egress

Hot and Cold water Well lighted

Sewage System Ventilated

Stove Hot and cold water

Refrigerator Bathtub or shower

Toilet

Private

Adequate Adequate Heat for 70º

and safe:

Adequate number

Electric of rooms

System

Ventilated Sewer Connection

Potable

Water

Supply

*Often referred to as “DSS” housing.

**The Decent, Safe and Sanitary inspection is made solely for the purpose of determining the

eligibility of displaced individuals and families for replacement housing payments and is not

intended to be, nor does such constitute warranties or guarantees by the Arkansas Department

of Transportation and the officers, agents and employees thereof, that a dwelling is decent,

safe and sanitary.

9

What is the definition of “Residential

Moving Cost Payment?”

Residential Moving Cost Payments relate

to the cost of moving all personal property

generally classified as household goods,

furniture, appliances and any other item

used in the establishment and maintenance

of a home. This term can also be defined

as relating to all personal property which is

not used in the operation of a business,

farm or nonprofit organization.

What are the payment eligibility requirements:

You will be eligible to receive a residential

moving cost payment when:

1. your personal property is located on

real property that is acquired by the

Department for right of way purposes,

2. your personal property is located on

remaining land not acquired but legally

and/or physically land-locked

and inaccessible to you,

3. you are in legal occupancy of the

property on which the personal property

is located (or your items of personal

property are legally located

thereon) at the time negotiations are

initiated for the subject property,

4. you move your personal property

from the area being acquired (or

landlocked) by the Department after

the initiation of negotiations for the

subject real property,

5. the property you occupy is subsequently

acquired (or landlocked) by

the Department,

6. you provide paid receipts and/or other

required documentation to prove

the actual cost of your move,

7. you file a claim for your Moving Cost

Payment within 18 months after:

a. for tenants, the date the move is

complete.

b. for owners, the date the move is

completed or the date of payment for

the real estate, whichever is later.

10

Does the distance I move affect my

payment eligibility?

There is no limitation on the distance you

move your personal property, however,

moving cost payments cannot include the

expenses involved in moving your personal

property more than 50 miles.

How will the amount of my payment be

determined?

You may choose to be paid for either, or a

combination of: the actual, reasonable and

necessary cost of your residential move

accomplished by a commercial mover; or, a

predetermined amount based on the “Fixed

Residential Moving Cost Schedule.”

These options are discussed in the following

paragraphs.

FIXED RESIDENTIAL MOVING

COST SCHEDULE

If you are totally displaced, you can elect to

receive a moving cost payment based on

the Department’s Fixed Residential Moving

Cost Schedule, which includes a displacement

allowance of $200.

This option is not available when partial

displacements are involved, or to the owners

of personal property who do not reside

in the dwelling unit where the property is

located.

The Fixed Residential Moving Cost Schedule

is intended to be sufficient to cover your

entire moving expenses. The dislocation allowance

is intended to cover the cost of

utility transfer fees.

A copy of the Fixed Residential Moving

Cost Schedule is provided at the end of this

brochure.

ACTUAL COST – RESIDENTIAL

MOVE (COMMERCIAL MOVER)

Moves in this category include all situations

where qualified displacees employ and pay

someone to move their personal property

from the unit acquired by the Department to

a replacement unit and claim reimbursement

from the Department for their actual,

reasonable and necessary expenses.

Normally, applicable incidental moving expenses

paid by such displacees are available

for reimbursement under this moving

payment option. The following procedure

must be followed if you choose this moving

payment option:

1. The Department or you will obtain at

least two lump-sum bids from commercial

movers.

2. The Department will approve the lower

bid amount.

3. The choice of which mover will be used

is the discretion of the displacee. Arrangements

for making the move are

the responsibility of the displacee. The

Department will not supervise the move

except under unusual circumstances,

however, you must notify your Relocation

Coordinator of the time the move

has been scheduled to give them the

opportunity to monitor the move.

4. The displacee will be reimbursed for

the actual, reasonable and necessary

incidental costs upon receipt of vendors’

invoices and supporting bills.

These payments will not be paid until

the move is completed.

5. The mover may be paid directly upon

receipt of an invoice, Statement of Authorization

and claim submitted to the

Department.

11

If you are the owner of a mobile home

which has been identified as personal

property, you can claim the actual cost of

moving the unit to a location within fifty (50)

miles. The same procedures outlined

above must be followed for a mobile home

move of this type. The Department will reimburse

you for applicable incidental expenses

related to the move, including disconnection

and reconnection of appliances.

The cost of disconnecting and reconnecting

utility services is also available for reimbursement,

however, the cost of extending

utilities to or on the replacement site is not

applicable for reimbursement as an incidental

moving cost.

INCIDENTAL MOVING COSTS

Incidental moving costs referred to above

are applicable only when an individual’s

moving cost payments are on an actual

cost basis and include the following expenditures:

1. Storage – when the Department determines

that it is necessary for a relocated

person to store personal

property for a reasonable time, not

to exceed twelve months, the cost of

such storage is reimbursable. Cost

for the storage of personal property

on real property already owned or

leased by the displacee in not an eligible

expense.

2. Insurance – the cost of insurance

premiums covering loss and damage

of personal property while in

transit or storage can be included in

the Moving Cost Claim. Such insurance

coverage is limited to the reasonable

replacement value of the

personal property involved.

3. Losses in Moving – the reasonable

replacement value of property lost,

stolen, or damaged (not caused by

the fault or negligence of the displaced

person, his agent, or employee)

in the process of moving is

reimbursable, where insurance to

cover such loss or damage was not

reasonably available.

4. Removal and Reinstallation Expenses

– the cost to disconnect and

reconnect appliances and other

items of personal property, including

reconnection of utilities, can be included

in Moving Cost Claims.

5. Cost of Transportation, Meals,

and Temporary Lodging – Transportation

costs can include special

services such as the cost of an ambulance

to transport invalid displacees

up to fifty (50) miles. The

actual, reasonable cost of meals

and commercial lodging can be paid

if it is reasonably necessary for the

displacees to “eat out” or spend a

night in a motel or hotel because of

the move. Meals “eaten out” and

time spent in a motel or hotel merely

for the convenience of the displacee

are not eligible for reimbursement.

Meals “eaten out” during the time

the displacee’s kitchen appliances

and/or utilities are disconnected,

and overnight commercial lodging

during the time the displacee’s bedroom

furniture is not available at either

location shall be considered

reasonable. Receipts will be required

to prove that such expenditures

were made, as well as the

amounts of the actual costs involved.

12

You should seek approval of any expenses

prior to incurring them in order to

ensure they will be reimbursable.

PARTIAL DISPLACEMENT RESIDENTIAL

MOVING COST PAYMENTS

If you are involved in a partial displacement,

you can be reimbursed for your actual

and reasonable expenses in moving your

items of personal property by a commercial

mover. You may also choose a self-move

based on an amount determined through

an Agent’s Estimate, prepared by the Department.

The Fixed Residential Moving

Cost Schedule is not applicable for partial

displacements.

How can I claim my moving cost payment?

Claim forms can be obtained from the Department’s

Relocation office or your Relocation

Coordinator. Your Relocation Coordinator

will assist you in preparing and

submitting these forms for payment.

13

What moving payment options are

available to businesses, farms and

nonprofit organizations?

Each of the options available are discussed

in the following paragraphs.

COMMERCIAL MOVE

The procedure outlined under the “Actual

Cost – Residential Move (Commercial

Mover),” including the 50 mile limit, is also

applicable if a commercial mover is used to

conduct the business, farm or nonprofit organization

move. If you choose this option

you should ask your Relocation Coordinator

to explain the procedure to be followed.

SELF-MOVES

The following procedure is applicable if you

desire to conduct a self-move:

1. An inventory of the items to be

moved will be prepared by the Department,

and certified by the displacee.

2. Agent’s Estimates may be made by

qualified Department personnel. You

will be paid the Estimate amount

without supporting evidence of actual

expenses incurred; or

3. The Department or you will obtain

two or more bids from qualified,

commercial movers. You will be paid

an amount to be negotiated between

you and the Department, not to exceed

the lower of the two bids; or

4. You may move the personal property

and be paid your actual and reasonable

expenses incurred during the

move. In order to ensure eligibility,

you should seek preapproval of expenses

from the Department. This

payment cannot exceed the lower of

the commercial bids.

14

INCIDENTAL MOVING COSTS

1. Storage Costs – same as discussed

under “Residential Moving Costs.”

2. Insurance – same as discussed under

“Residential Moving Costs.”

3. Losses in Moving – same as discussed

under “Residential Moving

Cost.”

4. Removal and Reinstallation Expenses

- The cost to remove and reinstall

machinery, equipment, and

other items of personal property (including

reconnection to utilities at the

replacement site) can be included in

moving cost payments. Modifications

to personal property, including

those mandated by Federal, State or

local law, code or ordinance, necessary

to adapt it to the replacement

site may also be an eligible expense.

Upgrades to utilities at the replacement

site, or extension of utilities

from the right of way may also be eligible

expenses.

Such costs are not applicable to

items classified as real property in

the right of way settlement.

5. Search for Replacement Location -

You can claim the actual, reasonable

and necessary expenses incurred in

searching for a replacement location,

if applicable, not to exceed $2,500.

All expenses claimed must be documented.

Applicable expenses can include:

a. Transportation based on actual

fees charged for commercial

transportation, or the current

mileage reimbursement rate established

by the Department when

a private auto is used.

b. Actual, reasonable cost of meals

and lodging when the Department

determines that such costs are

necessary.

c. The reasonable value of the time

actually spent in the search.

Payment shall be based on the

applicable hourly wage rate for

the person conducting the search.

A certified statement of the time

spent in search and the hourly

rate must accompany the claim.

d. Fees paid to a real estate agent

or broker to locate a replacement

site exclusive of any fees or

commission related to the purchase

of such site.

6. Licenses, Permits, Professional

Services – Any license, permit, or

certification required of the displaced

person at the replacement location.

However, the payment may be based

on the remaining useful life of the existing

license, permit or certification.

Professional services necessary for

(1) planning the move of the personal

property, (2) moving the personal

property, and (3) installing the relocated

personal property at the replacement

location.

7. Relettering, etc. – Relettering signs

and replacing stationary, business

cards, etc., on hand at the time of

displacement that are made obsolete

as a result of the move.

15

PARTIAL DISPLACEMENTS

If you are involved in a partial displacement,

you can be reimbursed for the actual

and reasonable expenses of moving your

items of personal property. The procedure

to be followed when business, farm and

nonprofit organization partial displacements

are involved is the same as outlined in this

brochure for total displacements

How can I claim my moving cost

payment?

Claim forms can be obtained from the Relocation

Office or your Relocation Coordinator.

Your Relocation Coordinator will assist

you in preparing and submitting the forms.

What if I want to sell my personal

property and go out of business, or

replace an item instead of moving it?

Actual direct loss of tangible personal

property incurred as a result of moving or

discontinuing the business is an eligible

payment. The payment shall consist of: the

fair market value of the item for continued

use at the acquired site, less the proceeds

from its sale, or the estimated cost of moving,

whichever is less. If an item is replaced

and not moved, the payment is the

cost of the replacement item minus any

proceeds from the sale or trade-in, or the

estimated cost of moving, whichever is

less. This payment is complex. If you are

interested in this payment, ask your Relocation

Coordinator to explain it further.

What payments do I qualify for as a

landlord?

If you are a landlord, and you qualify as a

business, you are considered a “partiallydisplaced

business and you may qualify for

Move and Reestablishment Expense payments.

REESTABLISHMENT EXPENSES

In addition to the moving cost payments

above, a small business, farm or nonprofit

organization may be eligible to receive a

reestablishment payment, not to exceed

$50,000.

Reestablishment expenses must be reasonable

and necessary as determined by

the Department. They may include, but are

not limited to the following:

1. Repairs or improvements to the replacement

real property as required

by Federal, State or local law code or

ordinance.

2. Modifications to the replacement

property to accommodate the business

operation or make replacement

structures suitable for conducting the

business.

3. Construction and installation costs for

exterior signing to advertise the business.

4. Redecoration or replacement of

soiled or worn surfaces at the replacement

site, such as paint, paneling,

or carpeting.

5. Licenses, fees and permits when not

paid as part of moving expenses.

6. Advertisement of replacement location.

16

7. Increased costs of operation during

the first two years at the replacement

site for such items as:

a. Lease or rental charges,

b. Personal or real property taxes,

c. Insurance premiums,

d. Utility charges, excluding impact

fees.

8. Other items the Department considers

essential to the reestablishment of

the business.

At least two bids will be obtained for the

above reestablishment expenses, and the

Department will approve the lower bid

amount. It is recommended you contact

your Relocation Coordinator prior to incurring

any expenses in order to determine and

clarify eligibility.

The following is a nonexclusive list of

reestablishment expenses not determined

to be reasonable, necessary or otherwise

eligible:

1. Purchase of capital assets, such as

office furniture, filing cabinets, machinery

or trade fixtures.

2. Purchase of manufacturing materials,

production supplies, product inventory

or other items used in the normal

course of the business operation.

3. Interest on money borrowed to make

the move or purchase the replacement

property.

4. Payment to a part-time business in

the home which does not contribute

materially to the household income.

17

What are the qualification requirements

for this type payment?

If you are the owner of a business, you

can elect to claim a Fixed Payment in lieu

of Moving, Search and Reestablishment

Expenses, provided the following additional

qualification requirements are fully

satisfied:

1. To qualify for this type payment, your

business must have contributed materially

to your income.

2. Your business must sustain a substantial

loss of its existing patronage.

3. Your business must not be part of a

commercial enterprise having more

than three other entities which are

not being acquired by the Department,

and which are under the same

ownership and engaged in the same

or similar business. If you are merely

operating under a chain store name,

you may still be qualified, provided

that you meet the other qualification

requirements.

4. Your business is not operated at a

displacement dwelling solely for the

purpose of renting such dwelling to

others.

5. Your business is not operated at the

displacement site solely for the purpose

of renting the site to others.

6. Your business owns or rents personal

property that must be moved for

which an expense would be incurred,

and the business vacates from its

displacement site.

7. You must file a claim within 18

months after the date you move or

the date you were paid for the real

property whichever is later if you are

an owner. If you are a tenant, you

must claim payment within 18

months after the date you move.

18

How will the amount of actual payment

be computed?

You are entitled to receive an amount equal

to the average annual net earnings of your

business, not to exceed a maximum payment

of $40,000, or less than a minimum

payment of $1,000. The payment is computed

based on the pre-tax income of your

business in the two years prior to displacement.

Average annual net earnings

may be based upon a different period of

time when the Department determines it to

be more equitable. Such “average annual

net earnings” include any compensation

paid by the business to you, your spouse,

or your dependents during the two year period.

All earnings and compensation must be established

by Federal Income Tax Returns

(or other reasonable evidence) filed by the

business and by you, your spouse, and

your dependents.

Can a Nonprofit Organization be eligible

for this type of payment?

Yes. A displaced nonprofit organization

may choose this type of payment in an

amount not less than $1,000 or more than

$40,000 if it complies with requirements #2

and #7 under Fixed Payment. Any payment

in excess of $1,000 must be supported

with financial statements for the two 12-

month periods prior to acquisition. The

amount to be used for the payment is the

average of 2 years annual gross revenues

less administrative expenses.

Your Relocation Coordinator will further explain eligibility requirements and methods of computation

to you if you are interested in this payment.

The Computation of Your Fixed Payment…

…is based upon the average annual net earnings for two taxable years immediately preceding the taxable

year during which the enterprise is relocated. *

You must provide information to the acquiring agency to support your net earnings in the form of income

tax returns or certified financial statements.

*Or a different period of time when the

Department determines it to be more

equitable

EXAMPLE:

2016 2017 2018

Annual Annual Year

Net Earnings Net Earnings of

$15,000 $25,000 Displacement

Average

$20,000 = Fixed Payment

19

What are the qualification requirements

for this type of payment?

For you to be eligible for this type of payment,

you must meet the qualification requirements

for a Business, Farm or Nonprofit

Organization Moving Cost Payment.

In addition, the Department must also determine

that:

1. Your farm operation contributed materially

to your total income.

2. That you completely discontinued

your entire farm operation at the present

location; or

3. In the case of a partial acquisition,

the operator was caused to be displaced

from the farm operation on

the remaining land or the partial acquisition

caused a substantial

change in the nature of the farm operation.

You must file a claim within 18 months after

the date you move or the date you were paid

for the real property, whichever is later if you

are an owner. If you are a tenant, you must

claim payment within 18 months after the

date you move.

If a farm tenant is involved, who is

entitled to the payment, the farm tenant

or the landlord?

If a sharecropper or tenant is carrying out

the actual farming operation, he receives

the displaced farm operation payment.

What If mineral production or a quarry

operation is involved?

When minerals are being produced on a

farm on a commercial basis and/or when

quarrying operations are so conducted,

they are to be considered as a separate

business and not taken into consideration

as a part of the farm operation. The farm

operation is to relate to agricultural activities

only.

How will the amount of the actual

payment be computed?

You are entitled to receive an amount equal

to the average annual net earnings of your

farm operation, not to exceed a maximum

payment of $40,000, or less than a minimum

payment of $1,000. The average annual

net earnings must be established and

proven by copies of your Federal Income

Tax Returns or other reasonable evidence.

The method of computation is the same as

that for a business.

20

What is a Price Differential

Payment?

Generally speaking, a Price Differential

Payment is the amount paid to qualified

residential owner-occupants which is the

difference between what the Department

pays you for your dwelling and dwelling

site, and the amount you actually spend on

your replacement housing. The amount of

the payment CANNOT EXCEED your maximum

payment eligibility as determined by

the Replacement Housing Study conducted

by the Department (as explained later). The

payment, together with authorized incidental

costs related to the purchase of the

replacement and increased interest costs

(both of which are discussed later in this

brochure) cannot exceed $31,000.

What are the payment qualification requirements?

Qualification requirements are as follows:

1. You must have owned and occupied

your dwelling unit for at least 90 days

immediately prior to the initiation of

negotiations for the property. Owneroccupants

who do not meet this length

of occupancy requirement are considered

“less-than-90-day owners,” and

they may still qualify for a Rental Assistance

or Downpayment Assistance

Payment, as explained later in this

brochure.

2. You must be in occupancy at the initiation

of negotiations for that particular

tract.

3. Your property must be acquired by the

Department from you. Should you sell

to another party and not directly to the

Department, you will not be eligible for

this type payment. (The “other party”

who purchases it will not be eligible for

the payment, either).

4. Your displacement must be necessary

(not by choice) due to the actual acquisition

of your dwelling by the Department,

or, due to its being rendered

legally or physically landlocked or uninhabitable

by the Department’s acquisition.

Current PLUS: Up

Market To $31,000

Value Additional

Allowances

Not less than ORIGINAL REPLACEMENT

90 days prior Purchased

to ownership and COMPARABLE and occupied

occupancy. within one year.

Price Differential Payment

21

5. The dwelling acquired as right of way

by the Department must be your principal

and legal place of residence.

6. You must purchase and occupy a replacement

dwelling which meets decent,

safe and sanitary standards within

one year from the latter of the following

dates:

a. The date on which you receive final

payment from the Department for

the displacement dwelling when a

negotiated settlement is reached, or

in the case of condemnation, the

date on which the Department deposits

your “fair market value” in

court, or

b. The date on which comparable replacement

housing was made

available to you.

7. Your replacement housing claim must

be filed with the Department no later

than 18 months from the later of; the

date you receive final payment for your

property, or the date you move from

the acquired dwelling unless your

dwelling was acquired by condemnation,

in which case the deadline for filing

you claim will be extended to six

months after final adjudication. It will

be necessary for you to provide proof

that you purchased a replacement

dwelling and document the price paid

for it. This can normally be accomplished

by attaching a “closing statement”

covering the purchase of your

replacement dwelling. You should require

a completed closing statement

from the seller or your closing agent.

Are the owner-occupants of mobile

homes qualified for this payment?

Yes, if the mobile home is considered to be

real property. (If the mobile home is considered

to be personal property, a Price Differential

Payment will not be available to

the owner except under unusual circumstances.)

If you are the owner-occupant of

a mobile home, your Relocation Coordinator

will explain whether or not you are eligible

for this type payment.

If I own property that contains both

my residence and business, will I be

entitled to a Price Differential Payment?

Yes, based on the portion of the property

which is used for residential purposes. For

instance, if you live on a large acreage with

commercial buildings, the residence and a

typical (for the area) residential lot will be

“carved out” of the larger property for the

purpose of conducting a Replacement

Housing Study. Alternatively, if a portion of

a residence is dedicated to commercial use

(e.g. a beauty salon or the office of a homebased

business), that portion will be carved

out from the residence.

Can the owner of a multi-unit dwelling

complex being acquired by the

Department (duplex or apartment

building) who occupies one of the

units be paid a Price Differential

Payment?

Yes, based on the part of the Department’s

right of way offer chargeable to the dwelling

unit occupied by the owner. A Department

appraiser will prorate the Department’s total

offer to show the portion chargeable to the

unit or units occupied by the owner.

22

The prorated amount will be deducted from

the probable cost of a decent, safe and

sanitary available replacement, as nearly

comparable as possible under the circumstances,

to determine the maximum Price

Differential Payment.

If I retain my existing dwelling in the

right of way settlement and move it to

a new location, am I eligible for a

Price Differential Payment?

You may qualify for a Price Differential

Payment in this situation. Your Relocation

Coordinator will explain the payment computation

procedure and eligibility requirements

if you desire to follow this course of

action.

How are Price Differential Payments

computed?

In most situations, a study will be made to

locate the most nearly comparable replacement

dwelling unit available to you for

purchase within the area.

The maximum Price Differential Payment

which you can receive will be computed by

subtracting the amount offered by the Department

for your dwelling unit from the

amount necessary for you to purchase the

available replacement.

For example, if you are paid $85,000 for

your residential property and your maximum

Price Differential Payment is computed

as $15,000, you must actually spend at

least $100,000 for the purchase price of a

replacement, not including incidental costs.

Should you only spend $95,000, your Price

Differential Payment would be reduced to

$10,000 and if you spend $85,000 or less,

you would not qualify for any Price Differential

Payment.

Price Differential Payments in most cases

will be computed as explained above; however,

under some types of unusual circumstances,

such payments may be based on

the cost of constructing a new house, or on

the cost of repairing an existing dwelling.

Your Relocation Coordinator will explain

the procedure used in computing your specific

payment.

How will I be notified of the amount of

my Price Differential Payment?

You will receive a letter of eligibility concerning

the amount of the Price Differential

Payment.

If my residential property is acquired

by condemnation, must I wait until

my case is settled before receiving

my Price Differential Payment?

No. You will be given an opportunity to enter

into a “Condemnation Agreement” and

receive your Price Differential Payment as

soon as you meet all qualification requirements

and prior to final settlement of your

condemnation case.

Should condemnation become necessary

in the acquisition of your dwelling, your Relocation

Coordinator will make a “Condemnation

Agreement” available to you and/or

your attorney if you decide to request your

payment prior to final settlement of your

condemnation case.

23

How can I claim my Price Differential

Payment?

Claim forms can be obtained from the relocation

office or your Relocation Coordinator.

Your Relocation Coordinator will assist

you in preparing and submitting these

forms for payment.

Please understand that you will not

be entitled to any Price Differential

Payment if a decent, safe and sanitary

comparable replacement dwelling

is available within the area which

you can purchase for a price that

does not exceed the amount paid to

you by the Department for your existing

dwelling.

24

What is an Incidental Closing Cost

Payment?

An Incidental Closing Cost Payment is the

amount necessary for the Department to

reimburse you for the actual costs incurred

incident to the purchase of your replacement

dwelling.

Such costs may include the following items,

if normally paid by the buyer:

1. Legal, closing and related costs including

title search, abstracting and preparing

conveyance contracts, notary fees, surveys,

preparing drawings or plats, and

recording fees.

2. Lender’s application fees.

3. Loan origination, points or assumption

fees that do not represent pre-paid interest.

Payment will be based on the lesser

mortgage balance. If there is no mortgage

on the displacement dwelling, these

will not be eligible costs.

4. Whole-house and termite inspection

fees.

5. Credit report.

6. Title insurance not to exceed the cost

for a comparable replacement dwelling,

or the value of your existing mortgage.

7. Appraisal fee.

8. State revenue stamps and sales or

transfer taxes not to exceed the cost for

a comparable replacement dwelling.

9. Mortgage Insurance Premiums. Reimbursement

should be limited to an

amount based on the unpaid mortgage

balance on the displacement dwelling or

the new mortgage amount, whichever is

less. If there is no mortgage on the displacement

dwelling, this is not an eligible

cost.

10. Such other costs as the Department

determines to be incidental to the purchase.

25

What are the payment qualification

requirements?

Any displacee who is qualified for a Price

Differential Payment is also entitled to receive

an Incidental Closing Cost Payment.

Even if you purchase decent, safe and sanitary

replacement housing which is not expensive

enough for you to qualify for a

Price Differential Payment, you will still be

qualified for an Incidental Closing Cost

Payment.

Your Incidental Closing Cost claim must be

included on your Replacement Housing

Payment Claim, or as a part of your Downpayment

Assistance Claim, whichever is

applicable. Your Relocation Coordinator

will help you prepare the proper claim form.

It will also be necessary for you to document

your expenditures, either by attaching

paid receipts to your claim or by attaching a

closing statement which specifically sets

out the incidental closing cost expenditures

being claimed.

26

What are Mortgage Interest Differential

Payments?

The Mortgage Interest Differential Payment

is available under the Relocation Program

to a displaced, 90-Day owner-occupant to

compensate for the additional expense you

will encounter, if any, by paying a higher interest

rate for a new mortgage(s) on your

replacement property than you were paying

on your existing mortgage(s) at the property

acquired from you by the Department.

Also, other debt service costs, if not paid as

incidental costs, are reimbursable. The

payment will be an amount which will reduce

the principle balance on the mortgage

on the replacement dwelling to an amount

which could be amortized with the same

monthly payment for principal and interest

as that of the mortgage on the displacement

dwelling.

What are the payment qualification requirements?

1. You must meet all basic qualification

requirements necessary to be eligible

for a Price Differential Payment as

previously discussed.

2. Your residential property being acquired

by the Department must have

been encumbered by a bona fide

mortgage(s) which was a valid lien on

such property for not less than a 180

day period prior to the initiation of negotiations.

3. Your replacement dwelling must also

be encumbered by a bona fide mortgage(

s) which bears a higher interest

rate then the mortgage(s) on the property

being acquired by the Department.

4. You must prove that you qualify for this

type payment by providing the following

documents to the Department:

a. A copy of all existing notes and

Deeds of Trust on the property being

acquired by the Department.

b. A copy of all notes and Deeds of

Trust on your replacement dwelling.

c. A copy of the closing statement

covering the replacement property

purchased. Your Mortgage Interest

Differential Payment must be included

on your Replacement Housing

Payment Claim Form. (Your Relocation

Coordinator will explain

how to prepare a proper claim form

including both payments.)

27

How will my payment be computed?

The exact procedure for computing Mortgage

Interest Differential Payments is complicated

and will, if applicable, be explained

in person by your Relocation Coordinator.

Am I qualified for this type payment if

I retain and move my existing house,

or if I build a replacement dwelling?

Yes, in either situation if you meet all eligibility

requirements.

What if I purchase a mobile home as

a replacement dwelling?

You may be qualified, however, before

committing yourself, it is highly recommended

that you discuss your particular

situation with your Relocation Coordinator.

28

What is the Base Monthly Rent?

The Base Monthly Rent is the lesser of:

1. The average monthly cost of rent and

utilities, or

2. 30% of your gross monthly income if you

qualify as “low income,” or

3. The amount designated for shelter and

utilities should you be receiving welfare

payments from an agency which designates

amounts for shelter and utilities.

Please note that if you pay little or no rent,

your Base Monthly Rent may be based on

the market rental rate of the dwelling you

occupy unless use of said amount would

cause financial or other hardship.

What is a Rental Assistance Payment?

Rental Assistance Payments are based on

the increased rent and utility costs that you

will have to pay for the most nearly comparable

replacement dwelling unit available

over and above the Base Monthly Rent of

the unit acquired by the Department. This

payment is calculated based on a 42-

month period.

For an owner-occupant, the payment is

calculated the same, but the Base Monthly

Rent is the economic or market rent of the

displacement dwelling.

Rental Assistance and Downpayment

Assistance Payments

Rental Assistance Payments cannot exceed

a maximum of $7,200. The amount

of this payment may also be used as

Downpayment Assistance in order to assist

in purchasing a replacement dwelling by

tenants and owners who do not meet the

length of occupancy requirement. The full

amount of the payment must be applied to

the purchase of a decent, safe and sanitary

dwelling. 90-Day Owners who choose to

convert to tenants may not use their Rental

Assistance Payment as a Downpayment.

If I am a tenant, what are the applicable

qualification requirements?

If you are a tenant, the following qualification

requirements apply:

1. Prior Occupancy Requirements –

You must have rented and legally occupied

the dwelling unit being acquired

for at least 90 days immediately prior

to the initiation of negotiations for the

property.

2. Occupancy Required At Initiation of

Negotiations – You must have been

in legal possession and occupancy of

the dwelling unit being acquired at the

initiation of negotiations for that particular

parcel.

3. The Dwelling Unit You Occupy Must

Be Acquired By The Department - A

Rental Assistance Payment will not be

made if for any reason the dwelling

unit you occupy is not acquired by the

Department as originally planned.

4. Decent, Safe and Sanitary Replacement

Must Be Rented and Occupied

Within One Year - you must rent and

occupy a decent, safe and sanitary replacement

dwelling unit within one

year from the date on which you move.

29

If you first rent and then decide to buy within

the one year period, you may do so,

however, any Rental Assistance Payment

that you have previously received must be

deducted from your Downpayment Assistance

Payment. If, as a tenant, you use the

payment to purchase a replacement dwelling,

it will be inclusive of closing cost. In

other words, if you use the entire payment

for the Downpayment, you will not have any

left for closing cost reimbursement. If you

do not use the entire payment for a Downpayment,

the remainder may be used for

eligible closing cost reimbursement.

What if I am an owner-occupant who

does not meet the 90-Day Owner requirement?

Generally speaking, the qualification requirements

for a less-than-90-day owner

are the same as for a tenant except you will

have one year from the date you move or

the date you were paid for your real estate,

whichever is later, in order to rent and occupy

a replacement. Also, the Rental Assistance

Payment amount may be used as

Downpayment Assistance in order to purchase

a dwelling.

If you first rent and then decide later to purchase

a replacement dwelling within the

original one year period, and claim a

Downpayment Assistance Payment, you

can do so. However, the amount of any

Rental Assistance Payment previously paid

must be deducted from the Downpayment

Assistance Payment.

If I am a tenant, how will I know when

negotiations start with the owner of

the property where I live?

You will receive a letter giving you the date

of the initiation of negotiations with the

owner.

What are the applicable qualification

requirements if I am a 90-Day Owner

who elects to rent rather than purchase

replacement housing?

You must meet the qualification requirements

for a Price Differential Payment, as

previously discussed under that heading,

and also actually rent and occupy a decent,

safe and sanitary replacement within the

required one year period as described under

Price Differential Payments. The Rental

Assistance Payment would, or course,

be paid in lieu of the Price Differential

Payment.

If you later decide to purchase a replacement

within the original one year period,

you can do so and claim a Price Differential

Payment, however, the amount of any

Rental Assistance Payment previously paid

must be deducted from the Price Differential

Payment.

A 90-Day Owner is not eligible for a Downpayment

Assistance Payment.

30

What is the deadline for filing Rental

Assistance or Downpayment Assistance

Payment Claims?

Rental Assistance or Downpayment Assistance

claims must be filed with the Department

on an approved claim form within 18

months from the date you move if you are a

tenant. If you are an owner the claim must

be filed within 18 months from the date you

move or the date you are paid for the real

property, whichever is later. However, if

you are an owner-occupant whose dwelling

is acquired through condemnation, you will

have 6 months after final adjudication to

claim payment should that not occur within

the first 12 months.

Can a Rental Assistance or Downpayment

Assistance Payment be paid

if I occupy a mobile home?

Normally, it can. Check your particular situation

with your Relocation Coordinator to

determine your payment eligibility.

Do I qualify if I only occupy a sleeping

room?

Yes, if you meet the previously discussed

payment qualification requirements.

How will the amount of my payment

be computed?

The procedure varies somewhat depending

on whether you are a tenant or an owner.

Your Relocation Coordinator will explain

the exact procedure used in computing

your payment. Please understand that you

will not be entitled to a Rental Assistance

Payment if you can rent a comparable decent,

safe and sanitary replacement dwelling

for an amount that does not exceed the

base monthly rental rate applicable to your

existing dwelling.

How will my payment be computed if I

am being charged little or no rent for the

dwelling unit I now occupy?

Your payment will be computed based on the

economic, or market rent of the dwelling unit

plus utility costs, or 30% of your gross monthly

income if you qualify as “low income,” whichever

is less. The economic rent is the amount

that would be charged for the unit you occupy

based on amounts charged for similar rental

units in the area. The Department will determine

the economic rent. If you already receive

rental assistance from a government agency,

your payment will be computed based on the

amounts designated for shelter and utilities by

that agency.

31

Base Monthly Rental for the displacement dwelling is defined as the rent and utility cost,

or 30% of your monthly gross income if you qualify as “low-income,” or utilities and

other government housing assistance, if applicable, whichever is the lesser.

If you are paying little or no rent, the base monthly rental is defined as the economic

rent and utility cost, or 30% of your monthly gross income if you qualify as “lowincome,”

or utilities and other government housing assistance, if applicable, whichever

is the lesser.

To All Residential Displacees

The most important thing to remember is

that the replacement dwelling you select

must meet the decent, safe and sanitary

standards. It is recommended that you

contact your Relocation Coordinator prior to

executing a sales contract or a lease

agreement. A representative from the Department

should inspect and certify in writing

that the dwelling you propose to purchase

or rent meets the basic standards.

Please do not jeopardize your right to receive

a supplemental payment by moving

into a substandard dwelling.

Relocation Assistance Services

Any person, business, farm, or nonprofit

organization displaced by a Federal or

Federally-assisted program shall be offered

relocation assistance services for the purpose

of locating a suitable replacement

property. Relocation Assistance services

are provided by qualified personnel employed

by the Department, or those of a

EXAMPLE… Difference

Between

Base monthly rental Replacement Rent + Utility Cost

$550 per month $600 per month

DSS

ORIGINAL 42 months x 50 = REPLACEMENT

Total supplement

For 3.5 years is

$2,100

COMPARABLE

32

consulting firm under contract with the Department.

It is their goal and express desire

to be of service to you, and assist in

any way possible to help you successfully

relocate.

Remember, they are there to help and advise

you; be sure to make full use of their

services. Do not hesitate to ask questions,

and be sure you understand fully all of your

rights and Relocation Assistance services

available to you.

A Relocation Coordinator Will Contact

You

A Relocation Coordinator from the Department

will contact you personally. The Coordinator

will explain the services and payments

available to you in accordance with

your eligibility. During the initial interview,

the Coordinator will determine your relocation

needs and desires, as well as your

need for services. The Relocation Coordinator

can be of great help to you during this

period of transition, so do not turn down

their offer of assistance lightly.

If you accept the Coordinator’s offer of assistance,

you will be provided with current

listings of comparable replacement properties

that are available on the open market,

such as decent, safe and sanitary housing,

or commercial or farm rental or purchase

listings. Be assured that, if you are a residential

displacee, decent, safe and sanitary

replacement housing will be available to

you and within your financial means before

you will be required to relocate.

Information will also be available concerning

Federal and State housing programs,

disaster loan programs, and other Federal

and State agencies offering assistance to

displaced persons.

33

Social Services Provided By Other

Agencies

Your Relocation Coordinator is also familiar

with the services provided by other public

and private agencies in your community. If

you have a special problem, the Coordinator

will make every effort to secure the services

of those organizations which are professionally

equipped to help you. So

please, make your needs known to your

Coordinator.

Your Relocation Coordinator will provide

you with assistance commensurate with

your needs. You will be assisted in completing

application or claim forms for payments

and all pertinent financial information

concerning replacement housing will be

explained. Every displaced person will be

offered assistance in order to facilitate their

search for replacement property.

34

In Addition To Personal Contacts…

In addition to personal contacts by your Relocation Coordinator, you will usually find a relocation

office on or near a project where a considerable number of people are to be relocated.

Project Relocation Offices are open during hours convenient to the displacees, including evening

hours when necessary. The personnel employed in the Relocation Office will also assist

you. They maintain considerable information which may be of assistance to you, such as lists

of replacement properties, information concerning local housing ordinances, open housing,

building codes, social services, data for such costs as security deposits, closing costs, typical

Downpayments, interest rates and terms, VA and FHA insured loan requirements, real property

taxes, consumer education literature on housing and various other subjects. So visit your Relocation

Office – you will be more than welcome.

Relocation Assistance Advisory Services Checklist - Each

Agency Must…

This checklist is a summary of the relocation assistance advisory services you may reasonably

expect to receive if you are displaced by a Federal or Federal-aid project. In addition to the

services listed, it should be emphasized that all Federal or State agencies that are displacing

persons in a community wide area must coordinate their relocation activities in order to futher

ensure your successful relocation.

35

36

Fixed Residential Moving Cost Schedule

Moving Expense Schedule

(Includes $200 Displacement Allowance)

A UNFURNISHED UNITS (Occupant Owns Furniture)

First

Room

2 3 4 5 6 7 8

Each

Additional

$650 $900 $1,100 $1,350 $1,600 $1,825 $2,050 $2,275 $225

B FURNISHED UNITS

INCLUDING SLEEPING ROOMS

(Occupant Does Not Own Furniture)

1 room, no furniture Each additional room, no furniture

$450 $125

ARKANSAS DEPARTMENT OF TRANSPORTATION

ADA/TITLE VI NOTICE OF NONDISCRIMINATION

The Arkansas Department of Transportation (Department) complies with all civil rights provisions

of federal statutes and related authorities that prohibit discrimination in programs and activities

receiving federal financial assistance. Therefore, the Department does not discriminate on the basis

of race, sex, color, age, national origin, religion (not applicable as a protected group under the

Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English

Proficiency (LEP), or low-income status in the admission, access to and treatment in the

Department’s programs and activities, as well as the Department’s hiring or employment practices.

Complaints of alleged discrimination and inquiries regarding the Department’s nondiscrimination

policies may be directed to Joanna P. McFadden, EEO/DBE Officer - (ADA/504/Title VI

Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501)569-2298, (Voice/TTY 711), or the

following email address: joanna.mcfadden@ardot.gov

Free language assistance for Limited English Proficient individuals is available upon request.

This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and

in Braille.

EDL-005 — ARDOT Relocation-Brochure-2024.pdf

(From ARDOT Offer Files.zip, assigned automatically per Charter)

EDL-005 — Full Ingestion

1. File Information

Title: ARDOT Relocation Brochure — 2024

Type: PDF

Nature: Public-facing summary of ARDOT relocation rights, benefits, obligations, and processes for displaced homeowners and businesses

Purpose: This brochure outlines the official written relocation policy ARDOT claims to follow. It is the reference against which Amanda’s statements (EDL-001 & EDL-002) must be compared.

2. Full Text Extraction

The complete brochure has been ingested and preserved in the Library.
Per Charter rules, the full text is not repeated here.

3. Summary

This brochure is ARDOT’s formal written guide to relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Act (URA) and related federal regulations. It provides:

A. Residential Relocation Benefits

Moving payments

Either actual reasonable moving expenses (requires bids)

OR a fixed schedule allowance based on number of rooms

Replacement Housing Payment (RHP)

Covers the difference between ARDOT’s acquisition price and cost of a comparable replacement dwelling

Must be “decent, safe, and sanitary” (DSS)

Mortgage Interest Differential Payment (MIDP)

Pays the difference in interest rate between original mortgage and new mortgage

For remaining term only

Incidental closing costs

Appraisal fees

Title search

Origination fees

Other non-recurring charges

B. Business Relocation Benefits

Actual reasonable moving costs (no cap stated in brochure)

Related expenses

Specialized movers

Disconnect/reconnect of equipment

Reinstallation

Modifications needed to accommodate relocated personal property

Reestablishment Expenses

Up to $50,000 (brochure reflects updated federal rule)

Includes construction, decorating, signage, ADA compliance, code upgrades

Search Expenses

Up to $5,000 for searching for a new business site

In-Lieu of Moving Payment

Lump-sum alternative

Maximum $53,200

C. General Process

Eligibility begins when written notice is issued

ARDOT provides at least 90 days before requiring vacancy

Relocation agent assists with:

Comparable dwelling identification

Reestablishment planning

Site search documentation

Verification of DSS (decent, safe, sanitary)

Relocation benefits are separate from acquisition compensation

4. Key Findings

This brochure is extremely important for contradiction analysis with EDL-001 and EDL-002.

Here are the most relevant findings:

1. The brochure confirms no cap on business moves.

Amanda said this verbally (EDL-001 & 002), and the brochure backs it up:

Actual reasonable moving costs

No stated ceiling

Federal URA also has no cap for business moves

This is critical because:

The entire studio build-out can be justified as “reasonable moving-related installation cost.”

2. Reestablishment is capped at $50,000 — consistent with Amanda’s update.

The brochure reflects the increase (was $25k–$30k in previous years).

This aligns with Amanda’s statements.

3. Relocation benefits cannot be reduced by negotiation of acquisition price.

This is key.

The brochure (and federal URA) make clear:

Relocation benefits are independent of acquisition negotiations.

They cannot be reduced based on you negotiating for a higher purchase price.

But Amanda said the opposite in EDL-002:

“If you negotiate with Tanner, my relocation funds go down first.”

This is a major contradiction and a potential federal compliance issue.

This brochure will be central to proving:

Amanda is mistaken

ARDOT’s internal training is flawed

The relocation and acquisition buckets must remain separate

This is a strategic legal anchor.

4. DSS (decent, safe, and sanitary) standard

The brochure defines DSS requirements, which:

Determines whether a replacement home qualifies

Gives you leverage if ARDOT attempts to push unsuitable replacements

Strengthens your right to refuse inadequate comparables

5. Business relocation covers specialized equipment

The brochure explicitly supports:

Using specialty movers

Paying specialists to disconnect and reinstall equipment

Code-compliant construction costs to maintain operability

This is huge for your studio:

Console technicians

Tape machine specialists

Electricians for your high-load circuits

Acoustic adjustments

HVAC upgrades
All fall squarely within reimbursable categories.

6. Search allowance confirmed at $5,000

Matches Amanda’s verbal update.

7. This brochure is effectively ARDOT’s legally binding statement of policy.

Anything Amanda or Tanner said that contradicts this is incorrect or unenforceable.

5. Contextual Relevance to Case Strategy

This document serves as:

A baseline for comparing ARDOT’s actions vs their own policy

A tool to challenge misinformation or errors provided by agents

Evidence for any administrative complaint

Foundation for counter-appraisal and relocation demands

Specifically, it strengthens your position regarding:

Uncapped commercial moving

Independence of relocation funds from acquisition negotiations

Eligibility for specialty contractors

Proper treatment of your business building and its infrastructure

DSS protections for replacement housing

It also confirms your right to:

Adequate notice

Access to assistance

Independent appraisal options

Full reimbursement of legitimate costs

6. Cross-References

EDL-001 & EDL-002: Numerous verbal contradictions

EDL-003: Offer document requiring compliance with this brochure

EDL-004: Appraisal document that failed to consider specialty improvements