§261-32 - Assistance for displaced person, families, businesses and nonprofit organization.
§261-32 Assistance for displaced person,families, businesses and nonprofit organization. (a) The director maycompensate any person, family, business, or nonprofit organization for actualand reasonable moving expenses incurred as a result of being displaced by anyland acquisition program of the State for any airport purpose.
(b) Any displaced person who moves from adwelling who elects to accept the payments authorized by this subsection inlieu of the payments authorized by subsection (a) may receive:
(1) A moving expense allowance, determined accordingto a schedule established by the director not to exceed $200;
(2) A dislocation allowance in the amount of $100.
(c) Any displaced person who moves ordiscontinues the person's business or farm operations who elects to accept thepayment authorized by this subsection in lieu of the payment authorized bysubsection (a), may receive a fixed relocation payment in an amount equal tothe average annual net earnings of the business or farm operation, or $5,000,whichever is the lesser. In the case of a business no payment shall be madeunder this subsection unless the director is satisfied that the business: (1)cannot be relocated without a substantial loss of its existing patronage; and(2) is not part of a commercial enterprise having at least one otherestablishment, not being acquired by the State which is engaged in the same orsimilar business.
(d) In addition to any payments authorized insubsection (a) and (c), the director may provide relocation assistance to anydisplaced person who moves a business as a result of any land acquisitionprogram of the State for any airport use.
(e) The director may enter into leases,licenses, and other arrangements with any displaced person granting the use oroccupancy of any lands or property under the department's jurisdiction. Thedirector may allow any lessee of a site acquired by the department to remain onthe site, and may enter into a new lease with such person granting the use ofthe site; provided that the term of the new lease shall not exceed the timeremaining on the lease terminated by the acquisition. Any lease issuedpursuant to this section shall be issued through negotiation, under mutuallyagreeable terms, conditions, and lease rent, without regard to the limitationsset forth in chapter 171.
(f) The director shall include the costsspecified in this section as a part of the cost of construction of the airportfor which the land acquisition program is initiated. [L 1970, c 165, pt of §2;gen ch 1985; am L 1990, c 274, §4]