§ 37-6.1-3 Purposes for which paymentsmade. – (a) Payments for actual expenses. Upon application approved by thedepartment of transportation, a person displaced by any state highway projectmay elect to receive actual reasonable expenses in moving him or herself, hisor her family, his or her business, or his or her farm operation, includingpersonal property, for a reasonable distance.
(b) Optional payments – Dwellings. Any displacedperson who moves from a dwelling who elects to accept the payments authorizedby this subsection in lieu of the payments authorized by subsection (a) of thissection may receive:
(1) A moving expense allowance determined according to aschedule established by the director of transportation, not to exceed twohundred dollars ($200); and
(2) A dislocation allowance of one hundred dollars ($100).
(c) Optional payments – Business and farmoperations. Any displaced person who moves or discontinues his or herbusiness or farm operation who elects to accept the payment authorized by thissubsection in lieu of the payment authorized by subsection (a) of this section,may receive a fixed relocation payment in an amount equal to the average annualnet earnings of the business or farm operation, or five thousand dollars($5,000), whichever is the lesser. In the case of a business, no payment shallbe made under this subsection unless the director of transportation issatisfied that the business (i) cannot be relocated without a substantial lossof its existing patronage, and (ii) is not part of a commercial enterprisehaving at least one other establishment not being acquired by the state, whichis engaged in the same or similar business. For purposes of this subsection,the term "average annual net earnings" means one half (1/2) of any net earningsof the business or farm operation, before taxes on income or gross receipts,during the two (2) taxable years immediately preceding the taxable year inwhich the business or farm operation moves from the real property acquired forthe project, and includes any compensation paid by the business or farmoperation to the owner, his or her spouse, or his or her dependents during thetwo (2) year period.
§ 37-6.1-3 Purposes for which paymentsmade. – (a) Payments for actual expenses. Upon application approved by thedepartment of transportation, a person displaced by any state highway projectmay elect to receive actual reasonable expenses in moving him or herself, hisor her family, his or her business, or his or her farm operation, includingpersonal property, for a reasonable distance.
(b) Optional payments – Dwellings. Any displacedperson who moves from a dwelling who elects to accept the payments authorizedby this subsection in lieu of the payments authorized by subsection (a) of thissection may receive:
(1) A moving expense allowance determined according to aschedule established by the director of transportation, not to exceed twohundred dollars ($200); and
(2) A dislocation allowance of one hundred dollars ($100).
(c) Optional payments – Business and farmoperations. Any displaced person who moves or discontinues his or herbusiness or farm operation who elects to accept the payment authorized by thissubsection in lieu of the payment authorized by subsection (a) of this section,may receive a fixed relocation payment in an amount equal to the average annualnet earnings of the business or farm operation, or five thousand dollars($5,000), whichever is the lesser. In the case of a business, no payment shallbe made under this subsection unless the director of transportation issatisfied that the business (i) cannot be relocated without a substantial lossof its existing patronage, and (ii) is not part of a commercial enterprisehaving at least one other establishment not being acquired by the state, whichis engaged in the same or similar business. For purposes of this subsection,the term "average annual net earnings" means one half (1/2) of any net earningsof the business or farm operation, before taxes on income or gross receipts,during the two (2) taxable years immediately preceding the taxable year inwhich the business or farm operation moves from the real property acquired forthe project, and includes any compensation paid by the business or farmoperation to the owner, his or her spouse, or his or her dependents during thetwo (2) year period.
§ 37-6.1-3 Purposes for which paymentsmade. – (a) Payments for actual expenses. Upon application approved by thedepartment of transportation, a person displaced by any state highway projectmay elect to receive actual reasonable expenses in moving him or herself, hisor her family, his or her business, or his or her farm operation, includingpersonal property, for a reasonable distance.
(b) Optional payments – Dwellings. Any displacedperson who moves from a dwelling who elects to accept the payments authorizedby this subsection in lieu of the payments authorized by subsection (a) of thissection may receive:
(1) A moving expense allowance determined according to aschedule established by the director of transportation, not to exceed twohundred dollars ($200); and
(2) A dislocation allowance of one hundred dollars ($100).
(c) Optional payments – Business and farmoperations. Any displaced person who moves or discontinues his or herbusiness or farm operation who elects to accept the payment authorized by thissubsection in lieu of the payment authorized by subsection (a) of this section,may receive a fixed relocation payment in an amount equal to the average annualnet earnings of the business or farm operation, or five thousand dollars($5,000), whichever is the lesser. In the case of a business, no payment shallbe made under this subsection unless the director of transportation issatisfied that the business (i) cannot be relocated without a substantial lossof its existing patronage, and (ii) is not part of a commercial enterprisehaving at least one other establishment not being acquired by the state, whichis engaged in the same or similar business. For purposes of this subsection,the term "average annual net earnings" means one half (1/2) of any net earningsof the business or farm operation, before taxes on income or gross receipts,during the two (2) taxable years immediately preceding the taxable year inwhich the business or farm operation moves from the real property acquired forthe project, and includes any compensation paid by the business or farmoperation to the owner, his or her spouse, or his or her dependents during thetwo (2) year period.
