[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR24.303]

[Page 219-220]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 24_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR 
FEDERAL AND FEDERALLY ASSISTED PROGRAMS--Table of Contents
 
           Subpart D_Payments for Moving and Related Expenses
 
Sec.  24.303  Payment for actual reasonable moving and related expenses--nonresidential moves.

    (a) Eligible costs. Any business or farm operation which qualifies 
as a displaced person (defined at Sec.  24.2) is entitled to payment for 
such actual moving and related expenses, as the Agency determines to be 
reasonable and necessary, including expenses for:
    (1) Transportation of personal property. Transportation costs for a 
distance beyond 50 miles are not eligible, unless the Agency determines 
that relocation beyond 50 miles is justified.
    (2) Packing, crating, unpacking, and uncrating of the personal 
property.
    (3) Disconnecting, dismantling, removing, reassembling, and 
reinstalling relocated machinery, equipment, and other personal 
property, including substitute personal property described at Sec.  
24.303(a)(12). This includes connection to utilities available nearby. 
It also includes modifications to the personal property necessary to 
adapt it to the replacement structure, the replacement site, or the 
utilities at the replacement site, and modifications necessary to adapt 
the utilities at the replacement site to the personal property. 
(Expenses for providing utilities from the right-of-way to the building 
or improvement are excluded.)
    (4) Storage of the personal property for a period not to exceed 12 
months, unless the Agency determines that a longer period is necessary.
    (5) Insurance for the replacement value of the personal property in 
connection with the move and necessary storage.
    (6) Any license, permit, or certification required of the displaced 
person at the replacement location. However, the payment may be based on 
the remaining useful life of the existing license, permit, or 
certification.
    (7) The replacement value of property lost, stolen, or damaged in 
the process of moving (not through the fault or negligence of the 
displaced person, his or her agent, or employee) where insurance 
covering such loss, theft, or damage is not reasonably available.
    (8) Professional services necessary for:
    (i) Planning the move of the personal property,
    (ii) Moving the personal property, and
    (iii) Installing the relocated personal property at the replacement 
location.
    (9) Relettering signs and replacing stationery on hand at the time 
of displacement that are made obsolete as a result of the move.
    (10) Actual direct loss of tangible personal property incurred as a 
result of moving or discontinuing the business or farm operation. The 
payment shall consist of the lesser of:
    (i) The fair market value of the item for continued use at the 
displacement site, less the proceeds from its sale. (To be eligible for 
payment, the claimant must make a good faith effort to sell the personal 
property, unless the Agency determines that such effort is not 
necessary. When payment for property loss is claimed for goods held for 
sale, the fair market value shall be based on the cost of the goods to 
the business, not the potential selling price.); or
    (ii) The estimated cost of moving the item, but with no allowance 
for storage. (If the business or farm operation is discontinued, the 
estimated cost shall be based on a moving distance of 50 miles.)

[[Page 220]]

    (11) The reasonable cost incurred in attempting to sell an item that 
is not to be relocated.
    (12) Purchase of substitute personal property. If an item of 
personal property which is used as part of a business or farm operation 
is not moved but is promptly replaced with a substitute item that 
performs a comparable function at the replacement site, the displaced 
person is entitled to payment of the lesser of:
    (i) The cost of the substitute item, including installation costs at 
the replacement site, minus any proceeds from the sale or trade-in of 
the replaced item; or
    (ii) The estimated cost of moving and reinstalling the replaced item 
but with no allowance for storage. At the Agency's discretion, the 
estimated cost for a low cost or uncomplicated move may be based on a 
single bid or estimate.
    (13) Searching for a replacement location. A displaced business or 
farm operation is entitled to reimbursement for actual expenses, not to 
exceed $1,000, as the Agency determines to be reasonable, which are 
incurred in searching for a replacement location, including:
    (i) Transportation.
    (ii) Meals and lodging away from home.
    (iii) Time spent searching, based on reasonable salary or earnings.
    (iv) Fees paid to a real estate agent or broker to locate a 
replacement site, exclusive of any fees or commissions related to the 
purchase of such site.
    (14) Other moving-related expenses that are not listed as ineligible 
under Sec.  24.305, as the Agency determines to be reasonable and 
necessary.
    (b) Notification and inspection. The following requirements apply to 
payments under this section:
    (1) The Agency shall inform the displaced person, in writing, of the 
requirements of paragraphs (b) (2) and (3) of this section as soon as 
possible after the initiation of negotiations. This information may be 
included in the relocation information provided to the displaced person 
as set forth in Sec.  24.203.
    (2) The displaced person must provide the Agency reasonable advance 
written notice of the approximate date of the start of the move or 
disposition of the personal property and a list of the items to be 
moved. However, the Agency may waive this notice requirement after 
documenting its file accordingly.
    (3) The displaced person must permit the Agency to make reasonable 
and timely inspections of the personal property at both the displacement 
and replacement sites and to monitor the move.
    (c) Self moves. If the displaced person elects to take full 
responsibility for the move of the business or farm operation, the 
Agency may make a payment for the person's moving expenses in an amount 
not to exceed the lower of two acceptable bids or estimates obtained by 
the Agency or prepared by qualified staff. At the Agency's discretion, a 
payment for a low cost or uncomplicated move may be based on a single 
bid or estimate.
    (d) Transfer of ownership. Upon request and in accordance with 
applicable law, the claimant shall transfer to the Agency ownership of 
any personal property that has not been moved, sold, or traded in.
    (e) Advertising signs. The amount of a payment for direct loss of an 
advertising sign which is personal property shall be the lesser of:
    (1) The depreciated reproduction cost of the sign, as determined by 
the Agency, less the proceeds from its sale; or
    (2) The estimated cost of moving the sign, but with no allowance for 
storage.

[54 FR 8928, Mar. 2, 1989, as amended at 64 FR 7132, Feb. 12, 1999]