Uniform Code

ROW-C Note: This section includes the subsections listed below and also listed under the heading Related Uniform Code located in the sidebar of this page.  Clicking on a code within the sidebar will allow you to discuss and review comments for that code and its subsections. If your discussion topic does not reasonably fit into one of those subsections but is somewhat related, then this is a good section to start your new discussion by clicking the New Discussion button located on the upper right of this page. For quick reference, the major sections are listed below: Section 24.305(d) Nonprofit organization. Section 24.305(e) Average annual net earnings of a business or farm operation.

If a question should arise as to what is a “reasonable hourly rate,” the Agency should compare the rates of other similar professional providers in that area.

In special cases where the displacing Agency determines it to be reasonable and necessary, certain additional categories of searching costs may be considered for reimbursement. These include those costs involved in investigating potential replacement sites and the time of the business owner, based on salary or earnings, required to apply for licenses or permits, zoning changes, and attendance at zoning hearings. Necessary attorney fees required to obtain such licenses or permits are also reimbursable. Time spent in negotiating the purchase of a replacement business site is also reimbursable based on a reasonable salary or earnings rate. In those instances when such additional costs to investigate and acquire the site exceed $2,500, the displacing Agency may consider waiver of the cost…

If the piece of equipment is operational at the acquired site, the estimated cost to reconnect the equipment shall be based on the cost to install the equipment as it currently exists, and shall not include the cost of code-required betterments or upgrades that may apply at the replacement site. As prescribed in the regulation, the allowable in-place value estimate (§ 24.301(g)(14)(i)) and moving cost estimate (§ 24.301(g)(14)(ii)) must reflect only the “as is” condition and installation of the item at the displacement site. The in-place value estimate may not include costs that reflect code or other requirements that were not in effect at the displacement site; or include installation costs for machinery or equipment that is not operable or…

Examples of personal property only moves might be: personal property that is located on a portion of property that is being acquired, but the business or residence will not be taken and can still operate after the acquisition; personal property that is located in a mini-storage facility that will be acquired or relocated; personal property that is stored on vacant land that is to be acquired. For a nonresidential personal property only move, the owner of the personal property has the options of moving the personal property by using a commercial mover or a self-move. If a question arises concerning the reasonableness of an actual cost move, the acquiring Agency may obtain estimates from qualified movers to use as the…

ROW-C Note: This section includes the subsections listed below and also listed under the heading Related Uniform Code located in the sidebar of this page.  Clicking on a code within the sidebar will allow you to discuss and review comments for that code and its subsections. If your discussion topic does not reasonably fit into one of those subsections but is somewhat related, then this is a good section to start your new discussion by clicking the New Discussion button located on the upper right of this page. For quick reference, major sections are listed below: Section 24.301(e) Personal property only. Examples of personal property only moves might be: personal property that is located on a portion of property that is…

Intent of 24.300 selected sections (ROW-C)   ROW-C Note: This section includes the subsections listed below and they are also listed under the heading Related Uniform Code located in the sidebar of this page.  Clicking on a code within the sidebar will allow you to discuss and review comments for that code and its subsections. If your discussion topic does not reasonably fit into one of those subsections but is somewhat related, then this is a good section to start your new discussion by clicking the New Discussion button located on the upper right of this page. Below is a quick reference to the subsections. Section 24.301. Payment for Actual Reasonable Moving and Related Expenses.     Section 24.301(e) Personal Property…

Section 24.207(a) allows an Agency to make a payment for low cost or uncomplicated nonresidential moves without additional documentation, as long as the payment is limited to the amount of the lowest acceptable bid or estimate, as provided for in § 24.301(d)(1). While § 24.207(f) prohibits an Agency from proposing or requesting that a displaced person waive his or her rights or entitlements to relocation assistance and payments, an Agency may accept a written statement from the displaced person that states that they have chosen not to accept some or all of the payments or assistance to which they are entitled. Any such written statement must clearly show that the individual knows what they are entitled to receive (a copy…

An eviction related to non-compliance with a requirement related to carrying out a project (e.g., failure to move or relocate when instructed, or to cooperate in the relocation process) shall not negate a person’s entitlement to relocation payments and other assistance set forth in this part.

Section 24.205(c)(2)(ii)(D) emphasizes that if the comparable replacement dwellings are located in areas of minority concentration, minority persons should, if possible, also be given opportunities to relocate to replacement dwellings not located in such areas.