[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR24.301]



[Page 241-244]

 

                        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. 24.301  Payment for actual reasonable moving and related expenses.





    (a) General. (1) Any owner-occupant or tenant who qualifies as a 

displaced person (defined at Sec. 24.2(a)(9)) and who moves from a 

dwelling (including a mobile home) or who moves from a business, farm or 

nonprofit organization is entitled to payment of his or her actual 

moving and related expenses, as the Agency determines to be reasonable 

and necessary.

    (2) A non-occupant owner of a rented mobile home is eligible for 

actual cost reimbursement under Sec. 24.301 to relocate the mobile 

home. If the mobile home is not acquired as real estate, but the 

homeowner-occupant obtains a replacement housing payment under one of 

the circumstances described at Sec. 24.502(a)(3), the home-owner 

occupant is not eligible for payment for moving the mobile home, but may 

be eligible for a payment for moving personal property from the mobile 

home.

    (b) Moves from a dwelling. A displaced person's actual, reasonable 

and necessary moving expenses for moving personal property from a 

dwelling may be determined based on the cost of one, or a combination of 

the following methods: (Eligible expenses for moves from a dwelling 

include the expenses described in paragraphs (g)(1) through (g)(7) of 

this section. Self-moves based



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on the lower of two bids or estimates are not eligible for reimbursement 

under this section.)

    (1) Commercial move--moves performed by a professional mover.

    (2) Self-move--moves that may be performed by the displaced person 

in one or a combination of the following methods:

    (i) Fixed Residential Moving Cost Schedule. (Described in Sec. 

24.302.)

    (ii) Actual cost move. Supported by receipted bills for labor and 

equipment. Hourly labor rates should not exceed the cost paid by a 

commercial mover. Equipment rental fees should be based on the actual 

cost of renting the equipment but not exceed the cost paid by a 

commercial mover.

    (c) Moves from a mobile home. A displaced person's actual, 

reasonable and necessary moving expenses for moving personal property 

from a mobile home may be determined based on the cost of one, or a 

combination of the following methods: (self-moves based on the lower of 

two bids or estimates are not eligible for reimbursement under this 

section. Eligible expenses for moves from a mobile home include those 

expenses described in paragraphs (g)(1) through (g)(7) of this section. 

In addition to the items in paragraph (a) of this section, the owner-

occupant of a mobile home that is moved as personal property and used as 

the person's replacement dwelling, is also eligible for the moving 

expenses described in paragraphs (g)(8) through (g)(10) of this 

section.)

    (1) Commercial move--moves performed by a professional mover.

    (2) Self-move--moves that may be performed by the displaced person 

in one or a combination of the following methods:

    (i) Fixed Residential Moving Cost Schedule. (Described in Sec. 

24.302.)

    (ii) Actual cost move. Supported by receipted bills for labor and 

equipment. Hourly labor rates should not exceed the cost paid by a 

commercial mover. Equipment rental fees should be based on the actual 

cost of renting the equipment but not exceed the cost paid by a 

commercial mover.

    (d) Moves from a business, farm or nonprofit organization. Personal 

property as determined by an inventory from a business, farm or 

nonprofit organization may be moved by one or a combination of the 

following methods: (Eligible expenses for moves from a business, farm or 

nonprofit organization include those expenses described in paragraphs 

(g)(1) through (g)(7) of this section and paragraphs (g)(11) through 

(g)(18) of this section and Sec. 24.303.)

    (1) Commercial move. Based on the lower of two bids or estimates 

prepared by a commercial mover. At the Agency's discretion, payment for 

a low cost or uncomplicated move may be based on a single bid or 

estimate.

    (2) Self-move. A self-move payment may be based on one or a 

combination of the following:

    (i) The lower of two bids or estimates prepared by a commercial 

mover or qualified Agency staff person. At the Agency's discretion, 

payment for a low cost or uncomplicated move may be based on a single 

bid or estimate; or

    (ii) Supported by receipted bills for labor and equipment. Hourly 

labor rates should not exceed the rates paid by a commercial mover to 

employees performing the same activity and, equipment rental fees should 

be based on the actual rental cost of the equipment but not to exceed 

the cost paid by a commercial mover.

    (e) Personal property only. Eligible expenses for a person who is 

required to move personal property from real property but is not 

required to move from a dwelling (including a mobile home), business, 

farm or nonprofit organization include those expenses described in 

paragraphs (g)(1) through (g)(7) and (g)(18) of this section. (See 

appendix A, Sec. 24.301(e).)

    (f) 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.

    (g) Eligible actual moving expenses.

    (1) Transportation of the displaced person and personal property. 

Transportation costs for a distance beyond 50 miles are not eligible, 

unless the Agency determines that relocation beyond 50 miles is 

justified.



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    (2) Packing, crating, unpacking, and uncrating of the personal 

property.

    (3) Disconnecting, dismantling, removing, reassembling, and 

reinstalling relocated household appliances and other personal property. 

For businesses, farms or nonprofit organizations this includes 

machinery, equipment, substitute personal property, and connections to 

utilities available within the building; it also includes modifications 

to the personal property, including those mandated by Federal, State or 

local law, code or ordinance, 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.

    (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 property in 

connection with the move and necessary storage.

    (6) 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.

    (7) Other moving-related expenses that are not listed as ineligible 

under Sec. 24.301(h), as the Agency determines to be reasonable and 

necessary.

    (8) The reasonable cost of disassembling, moving, and reassembling 

any appurtenances attached to a mobile home, such as porches, decks, 

skirting, and awnings, which were not acquired, anchoring of the unit, 

and utility ``hookup'' charges.

    (9) The reasonable cost of repairs and/or modifications so that a 

mobile home can be moved and/or made decent, safe, and sanitary.

    (10) The cost of a nonrefundable mobile home park entrance fee, to 

the extent it does not exceed the fee at a comparable mobile home park, 

if the person is displaced from a mobile home park or the Agency 

determines that payment of the fee is necessary to effect relocation.

    (11) Any license, permit, fees 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, 

fees or certification.

    (12) Professional services as the Agency determines to be actual, 

reasonable and 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.

    (13) Relettering signs and replacing stationery on hand at the time 

of displacement that are made obsolete as a result of the move.

    (14) 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 in place of the item, as is for continued 

use, 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 prices.); or

    (ii) The estimated cost of moving the item as is, but not including 

any allowance for storage; or for reconnecting a piece of equipment if 

the equipment is in storage or not being used at the acquired site. (See 

appendix A, Sec. 24.301(g)(14)(i) and (ii).) If the business or farm 

operation is discontinued, the estimated cost of moving the item shall 

be based on a moving distance of 50 miles.

    (15) The reasonable cost incurred in attempting to sell an item that 

is not to be relocated.

    (16) 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:



[[Page 244]]



    (i) The cost of the substitute item, including installation costs of 

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.

    (17) Searching for a replacement location. A business or farm 

operation is entitled to reimbursement for actual expenses, not to 

exceed $2,500, 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 sites;

    (v) Time spent in obtaining permits and attending zoning hearings; 

and

    (vi) Time spent negotiating the purchase of a replacement site based 

on a reasonable salary or earnings.

    (18) Low value/high bulk. When the personal property to be moved is 

of low value and high bulk, and the cost of moving the property would be 

disproportionate to its value in the judgment of the displacing Agency, 

the allowable moving cost payment shall not exceed the lesser of: The 

amount which would be received if the property were sold at the site or 

the replacement cost of a comparable quantity delivered to the new 

business location. Examples of personal property covered by this 

provision include, but are not limited to, stockpiled sand, gravel, 

minerals, metals and other similar items of personal property as 

determined by the Agency.

    (h) Ineligible moving and related expenses. A displaced person is 

not entitled to payment for:

    (1) The cost of moving any structure or other real property 

improvement in which the displaced person reserved ownership. (However, 

this part does not preclude the computation under Sec. 

24.401(c)(2)(iii));

    (2) Interest on a loan to cover moving expenses;

    (3) Loss of goodwill;

    (4) Loss of profits;

    (5) Loss of trained employees;

    (6) Any additional operating expenses of a business or farm 

operation incurred because of operating in a new location except as 

provided in Sec. 24.304(a)(6);

    (7) Personal injury;

    (8) Any legal fee or other cost for preparing a claim for a 

relocation payment or for representing the claimant before the Agency;

    (9) Expenses for searching for a replacement dwelling;

    (10) Physical changes to the real property at the replacement 

location of a business or farm operation except as provided in 

Sec. Sec. 24.301(g)(3) and 24.304(a);

    (11) Costs for storage of personal property on real property already 

owned or leased by the displaced person, and

    (12) Refundable security and utility deposits.

    (i) Notification and inspection (nonresidential). The Agency shall 

inform the displaced person, in writing, of the requirements of this 

section as soon as possible after the initiation of negotiations. This 

information may be included in the relocation information provided the 

displaced person as set forth in Sec. 24.203. To be eligible for 

payments under this section the displaced person must:

    (1) Provide the Agency reasonable advance notice of the approximate 

date of the start of the move or disposition of the personal property 

and an inventory of the items to be moved. However, the Agency may waive 

this notice requirement after documenting its file accordingly.

    (2) 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.

    (j) Transfer of ownership (nonresidential). 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.



[70 FR 611, Jan. 4, 2005, as amended at 70 FR 22611, May 2, 2005]



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