TITLE 37
Public Property and Works

CHAPTER 37-6.1
Relocation Payments

SECTION 37-6.1-4


§ 37-6.1-4 Replacement housing.

(a) In addition to amounts otherwise authorized by this chapter, the director of transportation shall make a payment to the owner of real property acquired for a project which is improved by a single, two (2), or three (3) family dwelling actually owned and occupied by the owner for not less than one year prior to the initiation of negotiations for the acquisition of the property. The payments, not to exceed amounts authorized by United States P.L. 91-646, [42 U.S.C. § 4601 et seq.], entitled Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, and any subsequent amendments thereto, shall be the amount, if any, which, when added to the acquisition payment, equals the average price required for a comparable dwelling determined, in accordance with standards established by the director of transportation, to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment, and available on the private market. The payment shall be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which he or she is required to move from the dwelling acquired for the project.

(b) In addition to amounts otherwise authorized by this chapter, the director of transportation shall make a payment to any individual or family displaced from any dwelling not eligible to receive a payment under subsection (a) of this section, which dwelling was actually and lawfully occupied by the individual or family for not less than ninety (90) days prior to the initiation of negotiations for acquisition of the property, as is hereinafter specified. The payment, not to exceed amounts authorized by amounts allowable by United States P.L. 91-646, [42 U.S.C. § 4601, et seq.], entitled Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, and any subsequent amendments thereto shall be the increased differential in amount, if any, over the rental value or the acquisition price of the dwelling previously occupied, which is necessary to enable the person to lease or rent for a period not to exceed two (2) years, or to make the down payment on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities, the differential amount to be computed according to an equitable schedule or formula established by the director of transportation.

History of Section.
(P.L. 1969, ch. 218, § 1; P.L. 2000, ch. 169, § 1.)