Title 45
Towns and Cities

Chapter 31.2
Uniform Relocation Payments

§ 45-31.2-3. Moving and related expenses.

(a) If a relocation agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter, for:

(1) Actual reasonable expenses in moving him or herself, his or her family, business, farm operation, or other personal property;

(2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses required to relocate the property, as determined by the relocation agency; and

(3) Actual reasonable expenses in searching for a replacement business or farm.

(b) Any displaced person eligible for payments under subsection (a), who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a), may receive a moving expense allowance, determined according to a schedule established by the relocation agency, not to exceed the amount established by the federal law; and a dislocation allowance of an amount established by federal law.

(c) Any displaced person eligible for payments under subsection (a), who is displaced from his or her place of business or from his or her farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a), may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that the payment shall not be less than an amount established by the federal law nor more than an amount established by the federal law. In the case of a business, no payment shall be made under this subsection unless the relocation agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the state, which is engaged in the same or similar business. For purposes of this subsection, the term “average annual net earnings” means one-half (½) of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, or during another period that the agency determines to be more equitable for establishing the earnings, and includes any compensation paid by the business or farm operation to the owner, the owner’s spouse, or the owner’s dependents during that period.