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01-27-1999 Additions
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01-27-1999 Additions
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8/29/2012 2:59:38 PM
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rJ-6 7, 5 ' <br />5b ) s MtEb (Ay ft wS ---- <br />reasonable and necessary fo. a move to <br />take pleoe. 11 the Agency determines <br />storage to be neaessary. the ants of <br />moving the personal property to and <br />from storage .w•otld also be eligible for <br />payment. Boarding of animals is not <br />considered to be storage. <br />(e) Insurance for the replacement <br />value of the property in connection with <br />the move and necessary storage. <br />(f) The replacement value of property <br />lost. stolen. or damaged In the process of <br />moving (not through the fault or <br />negligence of the displaced person. his <br />or her agent. or employee) where <br />Insurance covering such lose, theft, or <br />damage h not reasonably available. <br />(g) Other movbhg- related expenses <br />that are not listed as Lneligibie under <br />3 24.305. as the Agency determines to be <br />reasonable and necessary. <br />I 24.302 raced payment for moving <br />aepensee-- ranoeneW moves. <br />Any person displaced from • dwelling <br />lor isceiwiiil Tiiidince Is entitled-10 <br />heefve i5 emile tardisiocellTin— <br />al awince as an Ltemauve to a <br />paiymenffili itctualimpving and related <br />expenses under 3 24.301. This allowance <br />titian-bit determined according to the <br />applicable schedule approved by the <br />Federal Righwey Administration. This <br />includes a provision that the expense <br />and dislocation allowance to a person <br />.. with minimal personal possessions who <br />E. is In occupancy of dormitory style <br />'room shared by two or more other <br />.4 unrelated persona or a person whose <br />` residential move is performed by an <br />agency at no cost to the person shall be <br />limited to $56. <br />fR.E 4MQL E. <br />Then were numerous comments <br />concerning the Po Cued payment for <br />moving expenses provided in t 24.30L <br />FHWA has 4-birthed the language of this <br />exception to apply only to persons with <br />minimal personal possessions who are <br />Ir. ecetrpsncy a a dormitory-style mots <br />chukrd�y two its more unreiated- <br />periion,or a pereai w%hoae see11vntlal <br />move is perfotund by an agency at no <br />expense to the person. This language ts <br />Xdir: reflected in the moving expense ' <br />schedule which is published by FHWA <br />elsewhere in this Part tl of today's <br />lustiest tmpeter., • <br />/u §24-3a3 Payment for actual reasonable <br />I n moving <br />�u move.s. <br />(o) Eligible costs. Any business ar <br />operation wIlr.ltyuaUfiee as <br />dfsphtced person !defined at 3 24.2(g)) la <br />entitled to payment for such actual <br />moving and related expenses, as the <br />\ Ageggc determine to be reasonable <br />' and neeiu 1indlu <br />ry, dingeiiperuieaior. <br />(1) Transportation of National _ negatem of the displaced pinata. his <br />property. Transportation coats for t or her agent, or employee) when <br />distance beyond 50 miles an not insurance covering such loss, theft. or <br />eligible. unless the Agency determinas amass is not reasonably available. <br />that relocation beyond 50 miles is (. (6j Protssatonal services necessary <br />Justified. for <br />(2) Packing, crating. unpacking, and (1) Planning the move of the personal <br />uncraUng of the personal prop arty. property, .____.__— <br />r (3) Dtaconnecting, dismantling. '" (ti) Moving the nonal property, and <br />removing. reassembling, and reinstalling (ill) Installing the FeTocated personal <br />property at the replacement location. <br />(9) Relettering signs and replacing <br />stationery on hand at the time of <br />displacement that an made obsolete as <br />a result of the move. <br />of <br />yrelocated machinery, equipment. and <br />other personal property, Including <br />substitute personal property described <br />at_L2,..303(a )(12)s fli a faclide <br />conntciinn to utUUes available nn. <br />It also teclu_dnimodif(caUOns to-the <br />"personal property necessary to adapt it <br />to the replacement structure. the <br />replacement site, a utilities at the <br />replacement site and _odifthattons <br />necessary to sdr e uttlitlei ay,the <br />repLcement site toltii personal, <br />propiftyt (Expenses for providing <br />uiuiuo from the right- of•way to the <br />building or Improvement are excluded.) <br />(4) Storage of the personal property <br />Tor a period not to exceed 12 months. <br />unless the Agency determines that a <br />longer period is necessary. <br />Sections 24.303(0)(3) and 24.304(a4'4). <br />Four comments asked for clarification of <br />the difference in treatment of utilities to <br />these two sections. The expenses for <br />providing utilities under t 2.4.303(a)(3) <br />are those costa Incurred to attach <br />relocated personal property to utility <br />service already provided on-site, such as <br />electrical boxes, gas meters, and water <br />meters. Modifications to the equipment <br />or to the on-site utility service may also <br />be eligible. U necessary, These costs <br />must be necessary to reinstall personal <br />property that has been moved from • <br />displacement site or newly installed at <br />such site and would generally,only <br />benefit the relocated business operation. <br />Section 2.4.304(a)(4) provides for Malting <br />electrical and other services available to <br />the replacement site. These costs may <br />be necessary to make the real property <br />suitable for the business operation and <br />could generally enhance the value of the <br />real property. Costs under 3 24.304(a)(4) <br />an limited by statute to siopoo for all <br />reestablishment expanses. Costs under <br />t 2_4 3[!1(3) an timlte oo -what s <br />- necessary, without dollar .tmltauoa. <br />(S) Insurance for the replacement <br />value of the personal property In <br />connection with tht move and necessary <br />storage. <br />(6) Any license, permit. or certification <br />required of the displaced person at the <br />replacement location. However. the <br />payment may be baud on the remaining <br />useful life of the existing license. permit. <br />or certification. <br />(7) The replacement value of property <br />lost. stolen. or damaged in the process of <br />moving (not through the fault or <br />,a. <br />c(/% <br />i <br />It <br />It <br />P R6 e9 c.BL E <br />Section 14303(x)(9). Then were <br />several comments about relettering of <br />signs and replacing stationery made <br />obsolete as a result of a move. This <br />section covers those business Items <br />typl'caUy used by a business for the <br />purpose of advising Its customers and <br />the public of the location of the <br />business. 11 a displacing agency <br />considers other items sppropnate for <br />this category. It may use the waiver <br />procedures in 3 2.4.7 on a case- by-case <br />basis. <br />(10) Actual__- al__ -� Llptloeaselows a itutale_ <br />personal property incurred as a result of <br />moving or diacontlnutng the business or <br />farm operetion.T i p`aymen( ilii 1 <br />consist of me lesser of: <br />(Una (air market value of the item <br />for continued use at the displacement <br />site, ins the proceeds frore j i de. (To <br />be eligible for payment, the claimant <br />must make • good faith effort to sell the <br />persona( property, unless the Agency <br />determines that such effort Is not <br />necessary. Wheq_pa ant for prope t <br />loss 1s c1aimedjpr$pod&.heta. (or sale,_ <br />the ►a.itmarket value shall be based:on <br />the cost of the goods to the business, not <br />the potenUif selling <br />- 11i1The estimated cost of moving the <br />Item, but with no allowance for stomas. <br />(If the business or farm operation Is <br />discontinued t5iistlmated cost shall be <br />based on a moving diatom ors thesis.) <br />PRERrtibLE <br />Section 24.3u1(c)(7o). One commenter <br />suggested that an acquiring agency <br />could become responsible under the <br />requirements of this section for <br />abandoned personal property that could <br />be considered hazardous material This <br />le not a Uniform Act Issue, but an issue <br />typically governed by Federal or Shutt <br />laws governing the proper disposal of <br />hazardous material <br />(11) The reasonable wet Incurred In <br />attempting to sell an ism that L not to <br />be <br />12) Paellas • ....... - <br />property. U an item of penons�l.pra <br />w'EchTs we see p .rtotburtineu.or <br />Page 7 i oZ <rn„t 4.) . �;,l�ti- <br />, s , .>rw,..,aA'crP • <br />d-S) <br />ad <br />
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