§111-2  Definitions.  As used in thischapter, the term:

"Business" means any lawful activityconducted (1) primarily for the purchase and resale, manufacture, processing ormarketing of products, commodities, or any other personal property; (2)primarily for the sale of services to the public; or (3) by a nonprofitorganization.

"Code" means the housing, building,and zoning codes of the counties.

"Displaced person" means any personwho is lawfully residing on or lawfully occupying real property and is requiredto move from any real property on or after June 25, 1970, as a result ofthe acquisition or imminence of acquisition of such real property, in whole orin part, by a state agency or who moves from such real property as a result ofthe acquisition or imminence of acquisition by such state agency of other realproperty on which such person is lawfully conducting a business or farmoperation.  "Displaced person" also includes the foregoing movementsfrom real property by any person lawfully residing on or lawfully occupyingreal property who is required to move from any real property as a result ofcode enforcement activities.  "Displaced person" as defined in thischapter shall not include a tenant upon or occupier of state land under a revocablepermit which is issued or renewed on or after June 7, 1974, provided that thosepersons who are issued revocable permits on state land which they hadpreviously occupied as lawful tenants or lawful occupiers of private land whichis subsequently acquired by the State, by virtue of which acquisition therevocable permits are issued immediately upon acquisition, shall be entitled toassistance as displaced persons upon displacement at the termination of therevocable permits.  "Displaced persons" as defined in this chaptershall also not include a squatter or trespasser upon state land or any personunlawfully residing on or unlawfully occupying any real property.

"Family" means two or moreindividuals living together in the same dwelling unit who are related to eachother by blood, marriage, adoption, or legal guardianship.

"Farm operation" means any lawfulactivity conducted solely or primarily for the production of one or moreagricultural products or commodities for sale and home use, and customarilyproducing such products or commodities in sufficient quantity to be capable ofcontributing materially to the operator's support.

"Person" means (1) any individual,partnership, or corporation or association which is the owner of a business;(2) any owner, part-owner, tenant, or sharecropper operating a farm; (3) thehead of a family; (4) an individual not a member of a family; (5) a nonprofitorganization exempted from taxation under section 235-9.

"State agency" means an agency orinstrumentality created by the State and includes, for purposes of thischapter, county governmental agencies. [L 1970, c 166, §2; am L 1974, c 181,§1; am L 1979, c 54, §2; am L 1987, c 10, §§2, 3 and c 162, §§2, 3]

 

Case Notes

 

  City building department and the city department of housingand community development are state agencies.  61 H. 144, 598 P.2d 161.

  Tenants forced to vacate when city building departmentordered landlord to demolish building deemed to be in substandard conditionwere persons displaced "as a result of a governmental program of...codeenforcement activities".  61 H. 144, 598 P.2d 161.