US Lawyer Database

23 §247. Limitation

§247. Limitation Nothing contained in this subchapter shall be construed as creating in any eminent domain proceeding an element of damages not in existence on the date of enactment hereof.   [PL 1971, c. 333, §1 (NEW).] Any payments authorized under this subchapter and received by a displaced person shall not be considered income for […]

23 §241. Purpose

§241. Purpose The prompt and equitable relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced as a result of state or state aid highway projects are necessary to insure that a few individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a […]

23 §242. Definitions

§242. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings.   [PL 1979, c. 541, Pt. A, §158 (AMD).] 1.  Average annual net earnings.  [PL 1989, c. 208, §§4, 21 (RP).] 2.  Business.  “Business” shall mean any lawful activity, excepting a farm operation conducted primarily: […]

23 §243. Relocation assistance advisory services

§243. Relocation assistance advisory services 1.  Relocation assistance advisory program.  Whenever the acquisition of real property for a department program or project will result in the displacement of any person, the department shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection 2. If the department determines […]

23 §244. Moving and related expenses

§244. Moving and related expenses 1.  Payments.  Whenever a program or project to be undertaken by the department will result in the displacement of any person, the department shall make a payment to any displaced person, upon proper application on forms approved by the department, for:   A. Actual reasonable expenses in moving that person, […]

23 §244-A. Replacement housing for home owner

§244-A. Replacement housing for home owner 1.  Owner.  In addition to payments otherwise authorized, the department shall make an additional payment not in excess of the amount allowed under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, to any displaced person who is displaced from […]

23 §244-B. Replacement housing for tenants and certain others

§244-B. Replacement housing for tenants and certain others In addition to amounts otherwise authorized by this subchapter, the department shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 244‑A which dwelling was actually and lawfully occupied by the displaced person for not […]

23 §244-C. Assurance of availability of housing

§244-C. Assurance of availability of housing 1.  Expenditures for replacement dwellings.  If a program or project undertaken by the department cannot proceed on a timely basis because comparable replacement dwellings are not available, and the department determines that those dwellings cannot otherwise be made available, the department may take such action as is necessary or […]