[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: 49CFR24.306]



[Page 247]

 

                        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. 24.306  Discretionary utility relocation payments.



    (a) Whenever a program or project undertaken by a displacing Agency 

causes the relocation of a utility facility (see Sec. 24.2(a)(31)) and 

the relocation of the facility creates extraordinary expenses for its 

owner, the displacing Agency may, at its option, make a relocation 

payment to the owner for all or part of such expenses, if the following 

criteria are met:

    (1) The utility facility legally occupies State or local government 

property, or property over which the State or local government has an 

easement or right-of-way;

    (2) The utility facility's right of occupancy thereon is pursuant to 

State law or local ordinance specifically authorizing such use, or where 

such use and occupancy has been granted through a franchise, use and 

occupancy permit, or other similar agreement;

    (3) Relocation of the utility facility is required by and is 

incidental to the primary purpose of the project or program undertaken 

by the displacing Agency;

    (4) There is no Federal law, other than the Uniform Act, which 

clearly establishes a policy for the payment of utility moving costs 

that is applicable to the displacing Agency's program or project; and

    (5) State or local government reimbursement for utility moving costs 

or payment of such costs by the displacing Agency is in accordance with 

State law.

    (b) For the purposes of this section, the term extraordinary 

expenses means those expenses which, in the opinion of the displacing 

Agency, are not routine or predictable expenses relating to the 

utility's occupancy of rights-of-way, and are not ordinarily budgeted as 

operating expenses, unless the owner of the utility facility has 

explicitly and knowingly agreed to bear such expenses as a condition for 

use of the property, or has voluntarily agreed to be responsible for 

such expenses.

    (c) A relocation payment to a utility facility owner for moving 

costs under this section may not exceed the cost to functionally restore 

the service disrupted by the federally-assisted program or project, less 

any increase in value of the new facility and salvage value of the old 

facility. The displacing Agency and the utility facility owner shall 

reach prior agreement on the nature of the utility relocation work to be 

accomplished, the eligibility of the work for reimbursement, the 

responsibilities for financing and accomplishing the work, and the 

method of accumulating costs and making payment. (See appendix A, Sec. 

24.306.)