37.0105 Moving and dislocation expenses.

Cite as [A.S.A.C. § 37.0105]

(a) If an agency acquires real property for public use, there shall be fair and reasonable payments to displaced persons and business as required by this chapter, for:

(1) actual reasonable expenses in moving himself, his 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 expense that would have been required to relocate such property, as determined by the Governor; and

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

(b) Any displaced person eligible for payments under subsection (a) of this section 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) of this section may receive a moving expense allowance, not to exceed $300; and a dislocation allowance of $200;

(c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than $2, 500, nor more than $ 10, 000. In the case of a business no payment shall be made under this subsection unless the agency is satisfied that the business

(1) cannot be relocated without a substantial loss of its existing patronage, and

(2) is not part of a commercial enterprise having at least 1 other establishment not being acquired by the agency, which is engaged in the same or similar business. For purposes of this subsection, the term "average annual net earnings" means ½ of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the 2 taxable years immediately proceeding the taxable year in which the business or farm operation moves from the real property acquired for such project, or during such other period as the agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period.

History: Relocation Asst. and Prop. Acq. Regs., eff prior to 1975, Reg. 2.01.