CHAPTER 54-01.1RELOCATION ASSISTANCE54-01.1-01. Declaration of policy. The purpose of this chapter is to establish a uniformpolicy for the fair and equitable treatment of persons displaced as a direct result of programs or<br>projects undertaken by a state agency so that displaced persons will not suffer disproportionate<br>injuries as a result of programs and projects designed for the benefit of the public as a whole and<br>to minimize the hardship of displacement by the acquisition of real property by state and local<br>land acquisition programs, by federally assisted building code enforcement programs, or by a<br>program of voluntary rehabilitation of buildings or other improvements conducted pursuant to<br>governmental supervision. The policy must be uniform as to:1.Relocation payment;2.Advisory assistance;3.Assurance of availability of standard housing; and4.State reimbursement for local relocation payments under state-assisted and local<br>programs.54-01.1-02. Definitions. As used in this chapter:1."Business" means any lawful activity, excepting a farm operation, conducted<br>primarily:a.For the purchase, sale, lease, and rental of personal and real property and for<br>the manufacture, processing, or marketing of products, commodities, or any<br>other personal property;b.For the sale of services to the public;c.By a nonprofit organization; ord.For the purposes of subsection 1 of section 54-01.1-03, for assisting in the<br>purchase, sale, resale, manufacture, processing, or marketing of products,<br>commodities, personal property, or services by the erection and maintenance<br>of an outdoor advertising display or displays, whether or not such display or<br>displays are located on the premises on which any of the above-mentioned<br>activities are conducted.2."Comparable replacement dwelling" means any dwelling that is:a.Decent, safe, and sanitary;b.Adequate in size to accommodate the occupants;c.Within the financial means of the displaced person;d.Functionally equivalent;e.In the area not subject to reasonably adverse environmental conditions; andf.In a location generally not less desirable than the location of the displaced<br>person's dwelling with respect to public utilities, facilities, services, and the<br>displaced person's place of employment.3."Displaced person", except as provided in subdivision c, means:Page No. 1a.Any person who moves from real property or moves the person's personal<br>property from real property:(1)As a direct result of a written notice of intent to acquire or the acquisition<br>of the real property in whole or in part for a program or project<br>undertaken by a displacing agency; or(2)On which the person is a residential tenant or conducts a small business,<br>a farm operation, or a business defined in subdivision d of subsection 1,<br>as a direct result of rehabilitation, demolition, or other displacing activity<br>the state agency prescribes, under a program or project undertaken by a<br>displacing agency in any case in which the displacing agency determines<br>that the displacement is permanent.b.Solely for the purposes of subsections 1 and 2 of section 54-01.1-03 and<br>section 54-01.1-06, any person who moves from real property or moves the<br>person's personal property from real property:(1)As a direct result of a written notice of intent to acquire or the acquisition<br>of other real property, in whole or in part, on which the person conducts a<br>business or farm operation, for a program or project undertaken by a<br>displacing agency; or(2)As a direct result of rehabilitation, demolition, or other displacing activity<br>the state agency prescribes, of other real property on which the person<br>conducts a business or a farm operation, under a program or project<br>undertaken by a displacing agency when the displacing agency<br>determines that the displacement is permanent.c.The term "displaced person" does not include:(1)A person who has been determined, according to criteria established by<br>the state agency, to be either unlawfully occupying the displacement<br>dwelling or to have occupied the dwelling for the purpose of obtaining<br>assistance under this chapter; or(2)In any case in which the displacing agency acquires property for a<br>program or project, any person, other than a person who was an<br>occupant of such property at the time it was acquired, who occupies the<br>property on a rental basis for a short term or a period subject to<br>termination when the property is needed for the program or project.4."Displacing agency" means the state, state agency, or person carrying out a federal<br>or state financially assisted program or project that causes a person to be a<br>displaced person.5."Farm operation" means any activity conducted solely or primarily for the production<br>of one or more agricultural products or commodities, including timber, for sale or<br>home use, and customarily producing such products or commodities in sufficient<br>quantity to be capable of contributing materially to the operator's support.6."Federally assisted" means receiving federal financial assistance in the form of a<br>grant, loan, or contribution, except any federal guarantee or insurance, or any<br>interest reduction payment to an individual in connection with the purchase and<br>occupancy of a residence by that individual.7."Mortgage" means such classes of liens as are commonly given to secure advances<br>on, or the unpaid purchase price of, real property, under the laws of the state inPage No. 2which the real property is located, together with the credit instruments, if any,<br>secured thereby.8."Nonprofit organization" means a corporation organized under chapter 10-33 or an<br>organization defined in subsection 7, 8, 9, 10, or 11 of section 57-02-08.9."Person" means any individual, partnership, corporation, limited liability company, or<br>association.10."State agency" means any department, agency, or instrumentality of the state or of a<br>political subdivision of the state; any department, agency, or instrumentality of two or<br>more states; or two or more political subdivisions of the state or states; and any<br>person who has the authority to acquire property by eminent domain under state<br>law.54-01.1-03. Moving and related expenses.1.Whenever a program or project to be undertaken by a displacing agency will result in<br>the displacement of any person, the displacing agency shall provide for the payment<br>to the displaced person of:a.Actual, reasonable expenses in moving the displaced person and the displaced<br>person's family, business, farm operation, or other personal property;b.Actual, direct losses of tangible personal property as a result of moving or<br>discontinuing a business or farm operation, but not to exceed an amount equal<br>to the reasonable expenses that would have been required to relocate such<br>property, as determined by the state agency;c.Actual, reasonable expenses in searching for a replacement business or farm;<br>andd.Actual, reasonable expenses necessary to reestablish a displaced farm,<br>nonprofit organization, or small business at its new site, as determined by<br>criteria established by the state agency.2.Any displaced person eligible for payments under subsection 1 who is displaced<br>from a dwelling and who elects to accept the payments authorized by this subsection<br>in lieu of the payments authorized by subsection 1 may receive a moving expense<br>allowance, determined according to a schedule established by the state agency.3.Any displaced person eligible for payments under subsection 1, who is displaced<br>from the person's place of business or farm operation and is eligible under criteria<br>established by the state agency, may elect to accept the payment authorized by this<br>subsection in lieu of the payment authorized by subsection 1. The payment must<br>consist of a fixed payment in an amount to be determined according to criteria<br>established by the state agency. A person whose sole business at the displacement<br>dwelling is the rental of the property to others does not qualify for a payment under<br>this subsection.54-01.1-04. Replacement housing for homeowners.1.In addition to payments otherwise authorized by this chapter, the displacing agency<br>shall make an additional payment not in excess of twenty-two thousand five hundred<br>dollars to any displaced person who is displaced from a dwelling actually owned and<br>occupied by the displaced person for not less than one hundred eighty days prior to<br>the initiation of negotiations for the acquisition of the property.The additionalpayment must include the following elements:Page No. 3a.The amount, if any, which, when added to the acquisition cost of the dwelling<br>acquired, equals the reasonable cost of a comparable replacement dwelling;b.The amount, if any, which will compensate the displaced person for any<br>increased interest costs and other debt service costs which the person is<br>required to pay for financing the acquisition of a comparable replacement<br>dwelling.The amount may be paid only if the dwelling acquired wasencumbered by a bona fide mortgage which was a valid lien on the dwelling for<br>not less than one hundred eighty days prior to the initiation of negotiations for<br>the acquisition of the dwelling; andc.Reasonable expenses incurred by the displaced person for evidence of title,<br>recording fees, and other closing costs incident to the purchase of the<br>replacement dwelling, but not including prepaid expenses.2.The additional payment authorized by this section may be made only to a displaced<br>person who purchases and occupies a decent, safe, and sanitary replacement<br>dwelling within one year after the date on which the displaced person receives final<br>payment from the displacing agency for the acquired dwelling or the date on which<br>the displacing agency's obligation under section 54-01.1-07 is met, whichever is the<br>later date, except that the displacing agency may extend the period for good cause.<br>If the period is extended, the payment under this section must be based on the costs<br>of relocating the person to a comparable replacement dwelling within one year of<br>such date.54-01.1-05. Replacement housing for tenants and certain others.1.In addition to amounts otherwise authorized by this chapter, a displacing agency<br>shall make a payment to or for any displaced person displaced from any dwelling not<br>eligible to receive a payment under section 54-01.1-04, which dwelling was actually<br>and lawfully occupied by the displaced person for not less than ninety days prior to:a.The initiation of negotiations for acquisition of such dwelling; orb.In any case in which displacement is not a direct result of acquisition, such<br>other event as the state agency may prescribe.The payment must consist of the amount necessary to enable the person to lease or<br>rent for a period not to exceed forty-two months, a comparable replacement<br>dwelling, but not to exceed five thousand two hundred fifty dollars. At the discretion<br>of the displacing agency, a payment under this subsection may be made in periodic<br>installments.Computation of a payment under this subsection to a low-incomedisplaced person for a comparable replacement dwelling must take into account<br>such person's income.2.Any person eligible for a payment under subsection 1 may elect to apply the<br>payment to a downpayment on, and other incidental expenses pursuant to, the<br>purchase of a decent, safe, and sanitary replacement dwelling. At the discretion of<br>the displacing agency, any such person may be eligible under this subsection for the<br>maximum payment allowed under subsection 1, except that, in the case of a<br>displaced homeowner who has owned and occupied the displacement dwelling for at<br>least ninety days but not more than one hundred eighty days immediately prior to<br>the initiation of negotiations for the acquisition of the dwelling, the payment may not<br>exceed the payment the person would otherwise have received under subsection 1<br>of section 54-01.1-04 had the person owned and occupied the displacement<br>dwelling one hundred eighty days immediately prior to the initiation of such<br>negotiations.54-01.1-06. Relocation assistance advisory programs.Page No. 41.Whenever the acquisition of real property for a program or project undertaken by a<br>displacing agency will result in the displacement of any person, the displacing<br>agency shall provide a relocation assistance advisory program for displaced persons<br>which shall offer the services prescribed in subsection 2. If the displacing agency<br>determines that any person occupying property immediately adjacent to the property<br>where the displacing activity occurs is caused substantial economic injury because<br>of the acquisition, it may offer the person relocation advisory services under the<br>program.2.Each relocation assistance program required by subsection 1 must include such<br>measures, facilities, or services as may be necessary or appropriate in order:a.To determine, and make timely recommendations on, the needs of displaced<br>persons for relocation assistance;b.To assist owners of displaced businesses and farm operations in obtaining and<br>becoming established in suitable business locations or replacement farms;c.To supply:(1)Information concerning programs of the federal, state, and local<br>governments offering assistance to displaced persons and business<br>concerns; and(2)Technical assistance to such persons in applying for assistance under<br>such programs;d.To assist in minimizing hardships to displaced persons in adjusting to<br>relocation;e.To secure, to the greatest extent practicable, the coordination of relocation<br>activities with other project activities and other planned or proposed<br>governmental actions in the community or nearby areas which may affect the<br>carrying out of the relocation program; andf.To provide current and continuing information on the availability, sales prices,<br>and rental charges of comparable replacement dwellings for displaced<br>homeowners and tenants and suitable locations for businesses and farm<br>operations.3.Programs or projects undertaken by a displacing agency must be planned in a<br>manner that:a.Recognizes, at an early stage in the planning of such programs or projects and<br>before the commencement of any actions that will cause displacements, the<br>problems associated with the displacement of individuals, families, businesses,<br>and farm operations; andb.Provides for the resolution of such problems in order to minimize adverse<br>impacts on displaced persons and to expedite program or project advancement<br>and completion.4.Notwithstanding subsection 3 of section 54-01.1-02, in any case in which a<br>displacing agency acquires property for a program or project, any person who<br>occupies that property on a rental basis, for a short term or a period subject to<br>termination when the property is needed for the program or project, is eligible for<br>advisory services to the extent determined by the displacing agency.54-01.1-07. Assurance of availability of housing.Page No. 51.If a program or project undertaken by a displacing agency cannot proceed on a<br>timely basis because comparable replacement dwellings are not available and the<br>head of the displacing agency determines that such dwellings cannot otherwise be<br>made available, the head of the displacing agency may take such action as is<br>necessary or appropriate to provide such dwellings by use of funds authorized for<br>such project. The displacing agency may use this section to exceed the maximum<br>amounts that may be paid under sections 54-01.1-04 and 54-01.1-05 on a<br>case-by-case basis for good cause as determined in accordance with section<br>54-01.1-08 regulations issued by the state agency.2.No person may be required to move from a dwelling on account of any program or<br>project undertaken by the displacing agency unless the displacing agency is satisfied<br>that comparable replacement housing is available to the person.3.The displacing agency shall assure that a person will not be required to move from a<br>dwelling unless the person has had a reasonable opportunity to relocate to a<br>comparable replacement dwelling, except in the case of:a.A major disaster as defined in section 102(2) of the Federal Disaster Relief Act<br>of 1974;b.A national emergency declared by the president; orc.Any other emergency that requires the person to move immediately from the<br>dwelling because continued occupancy of the dwelling by the person<br>constitutes a substantial danger to the health or safety of the person.54-01.1-08. Adoption of rules and regulations. State agencies may consult with thedepartment of commerce division of community services to establish regulations and procedures<br>for implementation of the provisions of this chapter and to establish such regulations and<br>procedures necessary to assure:1.That the payments and assistance authorized by this chapter shall be administered<br>in a manner which is fair and reasonable and as uniform as practicable;2.That a displaced person who makes proper application for a payment authorized by<br>this chapter shall be paid promptly after a move or, in hardship cases, be paid in<br>advance; and3.That any displaced person aggrieved by a determination as to eligibility for a<br>payment, or as to the amount of a payment, may have the application reviewed by<br>the head or governing body of the state agency.54-01.1-09. Administration. In order to prevent unnecessary expense and duplicationof functions, and to promote uniform and effective administration of relocation assistance<br>programs for displaced persons, the state agency may enter into contracts with any individual,<br>firm, association, corporation, or limited liability company for services in connection with those<br>programs, or may carry out its functions under this chapter through any federal agency or any<br>department or instrumentality of the state or its political subdivisions having an established<br>organization for conducting relocation assistance programs. The state agency shall, in carrying<br>out relocation activities described in section 54-01.1-08, whenever practicable, utilize the services<br>of state or local housing agencies, or other agencies having experience in the administration or<br>conduct of similar housing assistance activities.54-01.1-10. Fund availability. Funds appropriated or otherwise available to any stateagency for the acquisition of real property or any interest therein for a particular program or<br>project shall also be available to carry out the provisions of this chapter as applied to that<br>program or project. No payment or assistance under this chapter is required to be made to any<br>person or included as a program or project cost under this section, if the person receives aPage No. 6payment required by federal, state, or local law which is determined by the state agency to have<br>substantially the same purpose effect as the payment under this chapter.54-01.1-11. State participation in cost of local relocation payments and services. Ifa political subdivision acquires real property, and state financial assistance is available to pay the<br>cost, in whole or part, of the acquisition of that real property, or of the improvement for which the<br>property is acquired, the cost to the political subdivision of providing the payments and services<br>prescribed by this chapter must be included as part of the costs of the project for which state<br>financial assistance is available and the political subdivision shall be eligible for state financial<br>assistance for relocation payments and services in the same manner and to the same extent as<br>other project costs.54-01.1-12. Displacement by federally assisted building code enforcement or byvoluntary rehabilitation.A person who moves or discontinues a business or moves otherpersonal property, or moves from a dwelling as the direct result of a federally assisted building<br>code enforcement program, or of a program of rehabilitation of buildings conducted pursuant to a<br>governmental program, is deemed to be a displaced person for the purposes of this chapter.54-01.1-13. Payments not to be considered as income or resources. No paymentreceived by a displaced person under this chapter may be considered as income or resources for<br>the purpose of determining the eligibility or extent of eligibility of any person for assistance under<br>any state law, or for the purposes of the state's personal income tax law, corporation tax law, or<br>other tax laws. These payments may not be considered as income or resources of any recipient<br>of public assistance and the payments may not be deducted from the amount of aid to which the<br>recipient would otherwise be entitled.54-01.1-14. Appeal procedure. Any person or business concern aggrieved by a finaladministrative determination pursuant to chapter 28-32 concerning eligibility for relocation<br>payments authorized by this chapter may appeal that determination to the district court in the<br>judicial district in which the land taken for public use is located or the voluntary rehabilitation<br>program is conducted.54-01.1-15.Payments not element of condemnation damages.Nothing in thischapter may be construed as creating, in any condemnation proceedings brought under the<br>power of eminent domain, any element of value or damage not in existence prior to July 1, 1973.54-01.1-16.Real property acquisition policies.Any state agency engaged in afederally assisted program or project involving the acquisition of real property must be guided, to<br>the greatest extent practicable under state law, by the real property acquisition policies set forth<br>in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [Pub. L.<br>91-646; 42 U.S.C. 4651-4654] and the 1987 amendments enacted in title IV of the Surface<br>Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100-17; 101 Stat.<br>255-256].Page No. 7Document Outlinechapter 54-01.1 relocation assistance
CHAPTER 54-01.1RELOCATION ASSISTANCE54-01.1-01. Declaration of policy. The purpose of this chapter is to establish a uniformpolicy for the fair and equitable treatment of persons displaced as a direct result of programs or<br>projects undertaken by a state agency so that displaced persons will not suffer disproportionate<br>injuries as a result of programs and projects designed for the benefit of the public as a whole and<br>to minimize the hardship of displacement by the acquisition of real property by state and local<br>land acquisition programs, by federally assisted building code enforcement programs, or by a<br>program of voluntary rehabilitation of buildings or other improvements conducted pursuant to<br>governmental supervision. The policy must be uniform as to:1.Relocation payment;2.Advisory assistance;3.Assurance of availability of standard housing; and4.State reimbursement for local relocation payments under state-assisted and local<br>programs.54-01.1-02. Definitions. As used in this chapter:1."Business" means any lawful activity, excepting a farm operation, conducted<br>primarily:a.For the purchase, sale, lease, and rental of personal and real property and for<br>the manufacture, processing, or marketing of products, commodities, or any<br>other personal property;b.For the sale of services to the public;c.By a nonprofit organization; ord.For the purposes of subsection 1 of section 54-01.1-03, for assisting in the<br>purchase, sale, resale, manufacture, processing, or marketing of products,<br>commodities, personal property, or services by the erection and maintenance<br>of an outdoor advertising display or displays, whether or not such display or<br>displays are located on the premises on which any of the above-mentioned<br>activities are conducted.2."Comparable replacement dwelling" means any dwelling that is:a.Decent, safe, and sanitary;b.Adequate in size to accommodate the occupants;c.Within the financial means of the displaced person;d.Functionally equivalent;e.In the area not subject to reasonably adverse environmental conditions; andf.In a location generally not less desirable than the location of the displaced<br>person's dwelling with respect to public utilities, facilities, services, and the<br>displaced person's place of employment.3."Displaced person", except as provided in subdivision c, means:Page No. 1a.Any person who moves from real property or moves the person's personal<br>property from real property:(1)As a direct result of a written notice of intent to acquire or the acquisition<br>of the real property in whole or in part for a program or project<br>undertaken by a displacing agency; or(2)On which the person is a residential tenant or conducts a small business,<br>a farm operation, or a business defined in subdivision d of subsection 1,<br>as a direct result of rehabilitation, demolition, or other displacing activity<br>the state agency prescribes, under a program or project undertaken by a<br>displacing agency in any case in which the displacing agency determines<br>that the displacement is permanent.b.Solely for the purposes of subsections 1 and 2 of section 54-01.1-03 and<br>section 54-01.1-06, any person who moves from real property or moves the<br>person's personal property from real property:(1)As a direct result of a written notice of intent to acquire or the acquisition<br>of other real property, in whole or in part, on which the person conducts a<br>business or farm operation, for a program or project undertaken by a<br>displacing agency; or(2)As a direct result of rehabilitation, demolition, or other displacing activity<br>the state agency prescribes, of other real property on which the person<br>conducts a business or a farm operation, under a program or project<br>undertaken by a displacing agency when the displacing agency<br>determines that the displacement is permanent.c.The term "displaced person" does not include:(1)A person who has been determined, according to criteria established by<br>the state agency, to be either unlawfully occupying the displacement<br>dwelling or to have occupied the dwelling for the purpose of obtaining<br>assistance under this chapter; or(2)In any case in which the displacing agency acquires property for a<br>program or project, any person, other than a person who was an<br>occupant of such property at the time it was acquired, who occupies the<br>property on a rental basis for a short term or a period subject to<br>termination when the property is needed for the program or project.4."Displacing agency" means the state, state agency, or person carrying out a federal<br>or state financially assisted program or project that causes a person to be a<br>displaced person.5."Farm operation" means any activity conducted solely or primarily for the production<br>of one or more agricultural products or commodities, including timber, for sale or<br>home use, and customarily producing such products or commodities in sufficient<br>quantity to be capable of contributing materially to the operator's support.6."Federally assisted" means receiving federal financial assistance in the form of a<br>grant, loan, or contribution, except any federal guarantee or insurance, or any<br>interest reduction payment to an individual in connection with the purchase and<br>occupancy of a residence by that individual.7."Mortgage" means such classes of liens as are commonly given to secure advances<br>on, or the unpaid purchase price of, real property, under the laws of the state inPage No. 2which the real property is located, together with the credit instruments, if any,<br>secured thereby.8."Nonprofit organization" means a corporation organized under chapter 10-33 or an<br>organization defined in subsection 7, 8, 9, 10, or 11 of section 57-02-08.9."Person" means any individual, partnership, corporation, limited liability company, or<br>association.10."State agency" means any department, agency, or instrumentality of the state or of a<br>political subdivision of the state; any department, agency, or instrumentality of two or<br>more states; or two or more political subdivisions of the state or states; and any<br>person who has the authority to acquire property by eminent domain under state<br>law.54-01.1-03. Moving and related expenses.1.Whenever a program or project to be undertaken by a displacing agency will result in<br>the displacement of any person, the displacing agency shall provide for the payment<br>to the displaced person of:a.Actual, reasonable expenses in moving the displaced person and the displaced<br>person's family, business, farm operation, or other personal property;b.Actual, direct losses of tangible personal property as a result of moving or<br>discontinuing a business or farm operation, but not to exceed an amount equal<br>to the reasonable expenses that would have been required to relocate such<br>property, as determined by the state agency;c.Actual, reasonable expenses in searching for a replacement business or farm;<br>andd.Actual, reasonable expenses necessary to reestablish a displaced farm,<br>nonprofit organization, or small business at its new site, as determined by<br>criteria established by the state agency.2.Any displaced person eligible for payments under subsection 1 who is displaced<br>from a dwelling and who elects to accept the payments authorized by this subsection<br>in lieu of the payments authorized by subsection 1 may receive a moving expense<br>allowance, determined according to a schedule established by the state agency.3.Any displaced person eligible for payments under subsection 1, who is displaced<br>from the person's place of business or farm operation and is eligible under criteria<br>established by the state agency, may elect to accept the payment authorized by this<br>subsection in lieu of the payment authorized by subsection 1. The payment must<br>consist of a fixed payment in an amount to be determined according to criteria<br>established by the state agency. A person whose sole business at the displacement<br>dwelling is the rental of the property to others does not qualify for a payment under<br>this subsection.54-01.1-04. Replacement housing for homeowners.1.In addition to payments otherwise authorized by this chapter, the displacing agency<br>shall make an additional payment not in excess of twenty-two thousand five hundred<br>dollars to any displaced person who is displaced from a dwelling actually owned and<br>occupied by the displaced person for not less than one hundred eighty days prior to<br>the initiation of negotiations for the acquisition of the property.The additionalpayment must include the following elements:Page No. 3a.The amount, if any, which, when added to the acquisition cost of the dwelling<br>acquired, equals the reasonable cost of a comparable replacement dwelling;b.The amount, if any, which will compensate the displaced person for any<br>increased interest costs and other debt service costs which the person is<br>required to pay for financing the acquisition of a comparable replacement<br>dwelling.The amount may be paid only if the dwelling acquired wasencumbered by a bona fide mortgage which was a valid lien on the dwelling for<br>not less than one hundred eighty days prior to the initiation of negotiations for<br>the acquisition of the dwelling; andc.Reasonable expenses incurred by the displaced person for evidence of title,<br>recording fees, and other closing costs incident to the purchase of the<br>replacement dwelling, but not including prepaid expenses.2.The additional payment authorized by this section may be made only to a displaced<br>person who purchases and occupies a decent, safe, and sanitary replacement<br>dwelling within one year after the date on which the displaced person receives final<br>payment from the displacing agency for the acquired dwelling or the date on which<br>the displacing agency's obligation under section 54-01.1-07 is met, whichever is the<br>later date, except that the displacing agency may extend the period for good cause.<br>If the period is extended, the payment under this section must be based on the costs<br>of relocating the person to a comparable replacement dwelling within one year of<br>such date.54-01.1-05. Replacement housing for tenants and certain others.1.In addition to amounts otherwise authorized by this chapter, a displacing agency<br>shall make a payment to or for any displaced person displaced from any dwelling not<br>eligible to receive a payment under section 54-01.1-04, which dwelling was actually<br>and lawfully occupied by the displaced person for not less than ninety days prior to:a.The initiation of negotiations for acquisition of such dwelling; orb.In any case in which displacement is not a direct result of acquisition, such<br>other event as the state agency may prescribe.The payment must consist of the amount necessary to enable the person to lease or<br>rent for a period not to exceed forty-two months, a comparable replacement<br>dwelling, but not to exceed five thousand two hundred fifty dollars. At the discretion<br>of the displacing agency, a payment under this subsection may be made in periodic<br>installments.Computation of a payment under this subsection to a low-incomedisplaced person for a comparable replacement dwelling must take into account<br>such person's income.2.Any person eligible for a payment under subsection 1 may elect to apply the<br>payment to a downpayment on, and other incidental expenses pursuant to, the<br>purchase of a decent, safe, and sanitary replacement dwelling. At the discretion of<br>the displacing agency, any such person may be eligible under this subsection for the<br>maximum payment allowed under subsection 1, except that, in the case of a<br>displaced homeowner who has owned and occupied the displacement dwelling for at<br>least ninety days but not more than one hundred eighty days immediately prior to<br>the initiation of negotiations for the acquisition of the dwelling, the payment may not<br>exceed the payment the person would otherwise have received under subsection 1<br>of section 54-01.1-04 had the person owned and occupied the displacement<br>dwelling one hundred eighty days immediately prior to the initiation of such<br>negotiations.54-01.1-06. Relocation assistance advisory programs.Page No. 41.Whenever the acquisition of real property for a program or project undertaken by a<br>displacing agency will result in the displacement of any person, the displacing<br>agency shall provide a relocation assistance advisory program for displaced persons<br>which shall offer the services prescribed in subsection 2. If the displacing agency<br>determines that any person occupying property immediately adjacent to the property<br>where the displacing activity occurs is caused substantial economic injury because<br>of the acquisition, it may offer the person relocation advisory services under the<br>program.2.Each relocation assistance program required by subsection 1 must include such<br>measures, facilities, or services as may be necessary or appropriate in order:a.To determine, and make timely recommendations on, the needs of displaced<br>persons for relocation assistance;b.To assist owners of displaced businesses and farm operations in obtaining and<br>becoming established in suitable business locations or replacement farms;c.To supply:(1)Information concerning programs of the federal, state, and local<br>governments offering assistance to displaced persons and business<br>concerns; and(2)Technical assistance to such persons in applying for assistance under<br>such programs;d.To assist in minimizing hardships to displaced persons in adjusting to<br>relocation;e.To secure, to the greatest extent practicable, the coordination of relocation<br>activities with other project activities and other planned or proposed<br>governmental actions in the community or nearby areas which may affect the<br>carrying out of the relocation program; andf.To provide current and continuing information on the availability, sales prices,<br>and rental charges of comparable replacement dwellings for displaced<br>homeowners and tenants and suitable locations for businesses and farm<br>operations.3.Programs or projects undertaken by a displacing agency must be planned in a<br>manner that:a.Recognizes, at an early stage in the planning of such programs or projects and<br>before the commencement of any actions that will cause displacements, the<br>problems associated with the displacement of individuals, families, businesses,<br>and farm operations; andb.Provides for the resolution of such problems in order to minimize adverse<br>impacts on displaced persons and to expedite program or project advancement<br>and completion.4.Notwithstanding subsection 3 of section 54-01.1-02, in any case in which a<br>displacing agency acquires property for a program or project, any person who<br>occupies that property on a rental basis, for a short term or a period subject to<br>termination when the property is needed for the program or project, is eligible for<br>advisory services to the extent determined by the displacing agency.54-01.1-07. Assurance of availability of housing.Page No. 51.If a program or project undertaken by a displacing agency cannot proceed on a<br>timely basis because comparable replacement dwellings are not available and the<br>head of the displacing agency determines that such dwellings cannot otherwise be<br>made available, the head of the displacing agency may take such action as is<br>necessary or appropriate to provide such dwellings by use of funds authorized for<br>such project. The displacing agency may use this section to exceed the maximum<br>amounts that may be paid under sections 54-01.1-04 and 54-01.1-05 on a<br>case-by-case basis for good cause as determined in accordance with section<br>54-01.1-08 regulations issued by the state agency.2.No person may be required to move from a dwelling on account of any program or<br>project undertaken by the displacing agency unless the displacing agency is satisfied<br>that comparable replacement housing is available to the person.3.The displacing agency shall assure that a person will not be required to move from a<br>dwelling unless the person has had a reasonable opportunity to relocate to a<br>comparable replacement dwelling, except in the case of:a.A major disaster as defined in section 102(2) of the Federal Disaster Relief Act<br>of 1974;b.A national emergency declared by the president; orc.Any other emergency that requires the person to move immediately from the<br>dwelling because continued occupancy of the dwelling by the person<br>constitutes a substantial danger to the health or safety of the person.54-01.1-08. Adoption of rules and regulations. State agencies may consult with thedepartment of commerce division of community services to establish regulations and procedures<br>for implementation of the provisions of this chapter and to establish such regulations and<br>procedures necessary to assure:1.That the payments and assistance authorized by this chapter shall be administered<br>in a manner which is fair and reasonable and as uniform as practicable;2.That a displaced person who makes proper application for a payment authorized by<br>this chapter shall be paid promptly after a move or, in hardship cases, be paid in<br>advance; and3.That any displaced person aggrieved by a determination as to eligibility for a<br>payment, or as to the amount of a payment, may have the application reviewed by<br>the head or governing body of the state agency.54-01.1-09. Administration. In order to prevent unnecessary expense and duplicationof functions, and to promote uniform and effective administration of relocation assistance<br>programs for displaced persons, the state agency may enter into contracts with any individual,<br>firm, association, corporation, or limited liability company for services in connection with those<br>programs, or may carry out its functions under this chapter through any federal agency or any<br>department or instrumentality of the state or its political subdivisions having an established<br>organization for conducting relocation assistance programs. The state agency shall, in carrying<br>out relocation activities described in section 54-01.1-08, whenever practicable, utilize the services<br>of state or local housing agencies, or other agencies having experience in the administration or<br>conduct of similar housing assistance activities.54-01.1-10. Fund availability. Funds appropriated or otherwise available to any stateagency for the acquisition of real property or any interest therein for a particular program or<br>project shall also be available to carry out the provisions of this chapter as applied to that<br>program or project. No payment or assistance under this chapter is required to be made to any<br>person or included as a program or project cost under this section, if the person receives aPage No. 6payment required by federal, state, or local law which is determined by the state agency to have<br>substantially the same purpose effect as the payment under this chapter.54-01.1-11. State participation in cost of local relocation payments and services. Ifa political subdivision acquires real property, and state financial assistance is available to pay the<br>cost, in whole or part, of the acquisition of that real property, or of the improvement for which the<br>property is acquired, the cost to the political subdivision of providing the payments and services<br>prescribed by this chapter must be included as part of the costs of the project for which state<br>financial assistance is available and the political subdivision shall be eligible for state financial<br>assistance for relocation payments and services in the same manner and to the same extent as<br>other project costs.54-01.1-12. Displacement by federally assisted building code enforcement or byvoluntary rehabilitation.A person who moves or discontinues a business or moves otherpersonal property, or moves from a dwelling as the direct result of a federally assisted building<br>code enforcement program, or of a program of rehabilitation of buildings conducted pursuant to a<br>governmental program, is deemed to be a displaced person for the purposes of this chapter.54-01.1-13. Payments not to be considered as income or resources. No paymentreceived by a displaced person under this chapter may be considered as income or resources for<br>the purpose of determining the eligibility or extent of eligibility of any person for assistance under<br>any state law, or for the purposes of the state's personal income tax law, corporation tax law, or<br>other tax laws. These payments may not be considered as income or resources of any recipient<br>of public assistance and the payments may not be deducted from the amount of aid to which the<br>recipient would otherwise be entitled.54-01.1-14. Appeal procedure. Any person or business concern aggrieved by a finaladministrative determination pursuant to chapter 28-32 concerning eligibility for relocation<br>payments authorized by this chapter may appeal that determination to the district court in the<br>judicial district in which the land taken for public use is located or the voluntary rehabilitation<br>program is conducted.54-01.1-15.Payments not element of condemnation damages.Nothing in thischapter may be construed as creating, in any condemnation proceedings brought under the<br>power of eminent domain, any element of value or damage not in existence prior to July 1, 1973.54-01.1-16.Real property acquisition policies.Any state agency engaged in afederally assisted program or project involving the acquisition of real property must be guided, to<br>the greatest extent practicable under state law, by the real property acquisition policies set forth<br>in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [Pub. L.<br>91-646; 42 U.S.C. 4651-4654] and the 1987 amendments enacted in title IV of the Surface<br>Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100-17; 101 Stat.<br>255-256].Page No. 7Document Outlinechapter 54-01.1 relocation assistance
CHAPTER 54-01.1RELOCATION ASSISTANCE54-01.1-01. Declaration of policy. The purpose of this chapter is to establish a uniformpolicy for the fair and equitable treatment of persons displaced as a direct result of programs or<br>projects undertaken by a state agency so that displaced persons will not suffer disproportionate<br>injuries as a result of programs and projects designed for the benefit of the public as a whole and<br>to minimize the hardship of displacement by the acquisition of real property by state and local<br>land acquisition programs, by federally assisted building code enforcement programs, or by a<br>program of voluntary rehabilitation of buildings or other improvements conducted pursuant to<br>governmental supervision. The policy must be uniform as to:1.Relocation payment;2.Advisory assistance;3.Assurance of availability of standard housing; and4.State reimbursement for local relocation payments under state-assisted and local<br>programs.54-01.1-02. Definitions. As used in this chapter:1."Business" means any lawful activity, excepting a farm operation, conducted<br>primarily:a.For the purchase, sale, lease, and rental of personal and real property and for<br>the manufacture, processing, or marketing of products, commodities, or any<br>other personal property;b.For the sale of services to the public;c.By a nonprofit organization; ord.For the purposes of subsection 1 of section 54-01.1-03, for assisting in the<br>purchase, sale, resale, manufacture, processing, or marketing of products,<br>commodities, personal property, or services by the erection and maintenance<br>of an outdoor advertising display or displays, whether or not such display or<br>displays are located on the premises on which any of the above-mentioned<br>activities are conducted.2."Comparable replacement dwelling" means any dwelling that is:a.Decent, safe, and sanitary;b.Adequate in size to accommodate the occupants;c.Within the financial means of the displaced person;d.Functionally equivalent;e.In the area not subject to reasonably adverse environmental conditions; andf.In a location generally not less desirable than the location of the displaced<br>person's dwelling with respect to public utilities, facilities, services, and the<br>displaced person's place of employment.3."Displaced person", except as provided in subdivision c, means:Page No. 1a.Any person who moves from real property or moves the person's personal<br>property from real property:(1)As a direct result of a written notice of intent to acquire or the acquisition<br>of the real property in whole or in part for a program or project<br>undertaken by a displacing agency; or(2)On which the person is a residential tenant or conducts a small business,<br>a farm operation, or a business defined in subdivision d of subsection 1,<br>as a direct result of rehabilitation, demolition, or other displacing activity<br>the state agency prescribes, under a program or project undertaken by a<br>displacing agency in any case in which the displacing agency determines<br>that the displacement is permanent.b.Solely for the purposes of subsections 1 and 2 of section 54-01.1-03 and<br>section 54-01.1-06, any person who moves from real property or moves the<br>person's personal property from real property:(1)As a direct result of a written notice of intent to acquire or the acquisition<br>of other real property, in whole or in part, on which the person conducts a<br>business or farm operation, for a program or project undertaken by a<br>displacing agency; or(2)As a direct result of rehabilitation, demolition, or other displacing activity<br>the state agency prescribes, of other real property on which the person<br>conducts a business or a farm operation, under a program or project<br>undertaken by a displacing agency when the displacing agency<br>determines that the displacement is permanent.c.The term "displaced person" does not include:(1)A person who has been determined, according to criteria established by<br>the state agency, to be either unlawfully occupying the displacement<br>dwelling or to have occupied the dwelling for the purpose of obtaining<br>assistance under this chapter; or(2)In any case in which the displacing agency acquires property for a<br>program or project, any person, other than a person who was an<br>occupant of such property at the time it was acquired, who occupies the<br>property on a rental basis for a short term or a period subject to<br>termination when the property is needed for the program or project.4."Displacing agency" means the state, state agency, or person carrying out a federal<br>or state financially assisted program or project that causes a person to be a<br>displaced person.5."Farm operation" means any activity conducted solely or primarily for the production<br>of one or more agricultural products or commodities, including timber, for sale or<br>home use, and customarily producing such products or commodities in sufficient<br>quantity to be capable of contributing materially to the operator's support.6."Federally assisted" means receiving federal financial assistance in the form of a<br>grant, loan, or contribution, except any federal guarantee or insurance, or any<br>interest reduction payment to an individual in connection with the purchase and<br>occupancy of a residence by that individual.7."Mortgage" means such classes of liens as are commonly given to secure advances<br>on, or the unpaid purchase price of, real property, under the laws of the state inPage No. 2which the real property is located, together with the credit instruments, if any,<br>secured thereby.8."Nonprofit organization" means a corporation organized under chapter 10-33 or an<br>organization defined in subsection 7, 8, 9, 10, or 11 of section 57-02-08.9."Person" means any individual, partnership, corporation, limited liability company, or<br>association.10."State agency" means any department, agency, or instrumentality of the state or of a<br>political subdivision of the state; any department, agency, or instrumentality of two or<br>more states; or two or more political subdivisions of the state or states; and any<br>person who has the authority to acquire property by eminent domain under state<br>law.54-01.1-03. Moving and related expenses.1.Whenever a program or project to be undertaken by a displacing agency will result in<br>the displacement of any person, the displacing agency shall provide for the payment<br>to the displaced person of:a.Actual, reasonable expenses in moving the displaced person and the displaced<br>person's family, business, farm operation, or other personal property;b.Actual, direct losses of tangible personal property as a result of moving or<br>discontinuing a business or farm operation, but not to exceed an amount equal<br>to the reasonable expenses that would have been required to relocate such<br>property, as determined by the state agency;c.Actual, reasonable expenses in searching for a replacement business or farm;<br>andd.Actual, reasonable expenses necessary to reestablish a displaced farm,<br>nonprofit organization, or small business at its new site, as determined by<br>criteria established by the state agency.2.Any displaced person eligible for payments under subsection 1 who is displaced<br>from a dwelling and who elects to accept the payments authorized by this subsection<br>in lieu of the payments authorized by subsection 1 may receive a moving expense<br>allowance, determined according to a schedule established by the state agency.3.Any displaced person eligible for payments under subsection 1, who is displaced<br>from the person's place of business or farm operation and is eligible under criteria<br>established by the state agency, may elect to accept the payment authorized by this<br>subsection in lieu of the payment authorized by subsection 1. The payment must<br>consist of a fixed payment in an amount to be determined according to criteria<br>established by the state agency. A person whose sole business at the displacement<br>dwelling is the rental of the property to others does not qualify for a payment under<br>this subsection.54-01.1-04. Replacement housing for homeowners.1.In addition to payments otherwise authorized by this chapter, the displacing agency<br>shall make an additional payment not in excess of twenty-two thousand five hundred<br>dollars to any displaced person who is displaced from a dwelling actually owned and<br>occupied by the displaced person for not less than one hundred eighty days prior to<br>the initiation of negotiations for the acquisition of the property.The additionalpayment must include the following elements:Page No. 3a.The amount, if any, which, when added to the acquisition cost of the dwelling<br>acquired, equals the reasonable cost of a comparable replacement dwelling;b.The amount, if any, which will compensate the displaced person for any<br>increased interest costs and other debt service costs which the person is<br>required to pay for financing the acquisition of a comparable replacement<br>dwelling.The amount may be paid only if the dwelling acquired wasencumbered by a bona fide mortgage which was a valid lien on the dwelling for<br>not less than one hundred eighty days prior to the initiation of negotiations for<br>the acquisition of the dwelling; andc.Reasonable expenses incurred by the displaced person for evidence of title,<br>recording fees, and other closing costs incident to the purchase of the<br>replacement dwelling, but not including prepaid expenses.2.The additional payment authorized by this section may be made only to a displaced<br>person who purchases and occupies a decent, safe, and sanitary replacement<br>dwelling within one year after the date on which the displaced person receives final<br>payment from the displacing agency for the acquired dwelling or the date on which<br>the displacing agency's obligation under section 54-01.1-07 is met, whichever is the<br>later date, except that the displacing agency may extend the period for good cause.<br>If the period is extended, the payment under this section must be based on the costs<br>of relocating the person to a comparable replacement dwelling within one year of<br>such date.54-01.1-05. Replacement housing for tenants and certain others.1.In addition to amounts otherwise authorized by this chapter, a displacing agency<br>shall make a payment to or for any displaced person displaced from any dwelling not<br>eligible to receive a payment under section 54-01.1-04, which dwelling was actually<br>and lawfully occupied by the displaced person for not less than ninety days prior to:a.The initiation of negotiations for acquisition of such dwelling; orb.In any case in which displacement is not a direct result of acquisition, such<br>other event as the state agency may prescribe.The payment must consist of the amount necessary to enable the person to lease or<br>rent for a period not to exceed forty-two months, a comparable replacement<br>dwelling, but not to exceed five thousand two hundred fifty dollars. At the discretion<br>of the displacing agency, a payment under this subsection may be made in periodic<br>installments.Computation of a payment under this subsection to a low-incomedisplaced person for a comparable replacement dwelling must take into account<br>such person's income.2.Any person eligible for a payment under subsection 1 may elect to apply the<br>payment to a downpayment on, and other incidental expenses pursuant to, the<br>purchase of a decent, safe, and sanitary replacement dwelling. At the discretion of<br>the displacing agency, any such person may be eligible under this subsection for the<br>maximum payment allowed under subsection 1, except that, in the case of a<br>displaced homeowner who has owned and occupied the displacement dwelling for at<br>least ninety days but not more than one hundred eighty days immediately prior to<br>the initiation of negotiations for the acquisition of the dwelling, the payment may not<br>exceed the payment the person would otherwise have received under subsection 1<br>of section 54-01.1-04 had the person owned and occupied the displacement<br>dwelling one hundred eighty days immediately prior to the initiation of such<br>negotiations.54-01.1-06. Relocation assistance advisory programs.Page No. 41.Whenever the acquisition of real property for a program or project undertaken by a<br>displacing agency will result in the displacement of any person, the displacing<br>agency shall provide a relocation assistance advisory program for displaced persons<br>which shall offer the services prescribed in subsection 2. If the displacing agency<br>determines that any person occupying property immediately adjacent to the property<br>where the displacing activity occurs is caused substantial economic injury because<br>of the acquisition, it may offer the person relocation advisory services under the<br>program.2.Each relocation assistance program required by subsection 1 must include such<br>measures, facilities, or services as may be necessary or appropriate in order:a.To determine, and make timely recommendations on, the needs of displaced<br>persons for relocation assistance;b.To assist owners of displaced businesses and farm operations in obtaining and<br>becoming established in suitable business locations or replacement farms;c.To supply:(1)Information concerning programs of the federal, state, and local<br>governments offering assistance to displaced persons and business<br>concerns; and(2)Technical assistance to such persons in applying for assistance under<br>such programs;d.To assist in minimizing hardships to displaced persons in adjusting to<br>relocation;e.To secure, to the greatest extent practicable, the coordination of relocation<br>activities with other project activities and other planned or proposed<br>governmental actions in the community or nearby areas which may affect the<br>carrying out of the relocation program; andf.To provide current and continuing information on the availability, sales prices,<br>and rental charges of comparable replacement dwellings for displaced<br>homeowners and tenants and suitable locations for businesses and farm<br>operations.3.Programs or projects undertaken by a displacing agency must be planned in a<br>manner that:a.Recognizes, at an early stage in the planning of such programs or projects and<br>before the commencement of any actions that will cause displacements, the<br>problems associated with the displacement of individuals, families, businesses,<br>and farm operations; andb.Provides for the resolution of such problems in order to minimize adverse<br>impacts on displaced persons and to expedite program or project advancement<br>and completion.4.Notwithstanding subsection 3 of section 54-01.1-02, in any case in which a<br>displacing agency acquires property for a program or project, any person who<br>occupies that property on a rental basis, for a short term or a period subject to<br>termination when the property is needed for the program or project, is eligible for<br>advisory services to the extent determined by the displacing agency.54-01.1-07. Assurance of availability of housing.Page No. 51.If a program or project undertaken by a displacing agency cannot proceed on a<br>timely basis because comparable replacement dwellings are not available and the<br>head of the displacing agency determines that such dwellings cannot otherwise be<br>made available, the head of the displacing agency may take such action as is<br>necessary or appropriate to provide such dwellings by use of funds authorized for<br>such project. The displacing agency may use this section to exceed the maximum<br>amounts that may be paid under sections 54-01.1-04 and 54-01.1-05 on a<br>case-by-case basis for good cause as determined in accordance with section<br>54-01.1-08 regulations issued by the state agency.2.No person may be required to move from a dwelling on account of any program or<br>project undertaken by the displacing agency unless the displacing agency is satisfied<br>that comparable replacement housing is available to the person.3.The displacing agency shall assure that a person will not be required to move from a<br>dwelling unless the person has had a reasonable opportunity to relocate to a<br>comparable replacement dwelling, except in the case of:a.A major disaster as defined in section 102(2) of the Federal Disaster Relief Act<br>of 1974;b.A national emergency declared by the president; orc.Any other emergency that requires the person to move immediately from the<br>dwelling because continued occupancy of the dwelling by the person<br>constitutes a substantial danger to the health or safety of the person.54-01.1-08. Adoption of rules and regulations. State agencies may consult with thedepartment of commerce division of community services to establish regulations and procedures<br>for implementation of the provisions of this chapter and to establish such regulations and<br>procedures necessary to assure:1.That the payments and assistance authorized by this chapter shall be administered<br>in a manner which is fair and reasonable and as uniform as practicable;2.That a displaced person who makes proper application for a payment authorized by<br>this chapter shall be paid promptly after a move or, in hardship cases, be paid in<br>advance; and3.That any displaced person aggrieved by a determination as to eligibility for a<br>payment, or as to the amount of a payment, may have the application reviewed by<br>the head or governing body of the state agency.54-01.1-09. Administration. In order to prevent unnecessary expense and duplicationof functions, and to promote uniform and effective administration of relocation assistance<br>programs for displaced persons, the state agency may enter into contracts with any individual,<br>firm, association, corporation, or limited liability company for services in connection with those<br>programs, or may carry out its functions under this chapter through any federal agency or any<br>department or instrumentality of the state or its political subdivisions having an established<br>organization for conducting relocation assistance programs. The state agency shall, in carrying<br>out relocation activities described in section 54-01.1-08, whenever practicable, utilize the services<br>of state or local housing agencies, or other agencies having experience in the administration or<br>conduct of similar housing assistance activities.54-01.1-10. Fund availability. Funds appropriated or otherwise available to any stateagency for the acquisition of real property or any interest therein for a particular program or<br>project shall also be available to carry out the provisions of this chapter as applied to that<br>program or project. No payment or assistance under this chapter is required to be made to any<br>person or included as a program or project cost under this section, if the person receives aPage No. 6payment required by federal, state, or local law which is determined by the state agency to have<br>substantially the same purpose effect as the payment under this chapter.54-01.1-11. State participation in cost of local relocation payments and services. Ifa political subdivision acquires real property, and state financial assistance is available to pay the<br>cost, in whole or part, of the acquisition of that real property, or of the improvement for which the<br>property is acquired, the cost to the political subdivision of providing the payments and services<br>prescribed by this chapter must be included as part of the costs of the project for which state<br>financial assistance is available and the political subdivision shall be eligible for state financial<br>assistance for relocation payments and services in the same manner and to the same extent as<br>other project costs.54-01.1-12. Displacement by federally assisted building code enforcement or byvoluntary rehabilitation.A person who moves or discontinues a business or moves otherpersonal property, or moves from a dwelling as the direct result of a federally assisted building<br>code enforcement program, or of a program of rehabilitation of buildings conducted pursuant to a<br>governmental program, is deemed to be a displaced person for the purposes of this chapter.54-01.1-13. Payments not to be considered as income or resources. No paymentreceived by a displaced person under this chapter may be considered as income or resources for<br>the purpose of determining the eligibility or extent of eligibility of any person for assistance under<br>any state law, or for the purposes of the state's personal income tax law, corporation tax law, or<br>other tax laws. These payments may not be considered as income or resources of any recipient<br>of public assistance and the payments may not be deducted from the amount of aid to which the<br>recipient would otherwise be entitled.54-01.1-14. Appeal procedure. Any person or business concern aggrieved by a finaladministrative determination pursuant to chapter 28-32 concerning eligibility for relocation<br>payments authorized by this chapter may appeal that determination to the district court in the<br>judicial district in which the land taken for public use is located or the voluntary rehabilitation<br>program is conducted.54-01.1-15.Payments not element of condemnation damages.Nothing in thischapter may be construed as creating, in any condemnation proceedings brought under the<br>power of eminent domain, any element of value or damage not in existence prior to July 1, 1973.54-01.1-16.Real property acquisition policies.Any state agency engaged in afederally assisted program or project involving the acquisition of real property must be guided, to<br>the greatest extent practicable under state law, by the real property acquisition policies set forth<br>in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [Pub. L.<br>91-646; 42 U.S.C. 4651-4654] and the 1987 amendments enacted in title IV of the Surface<br>Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100-17; 101 Stat.<br>255-256].Page No. 7Document Outlinechapter 54-01.1 relocation assistance
