§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 […]
§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: […]
§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 […]
§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 […]
§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 […]
§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 […]
§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, […]
§245-A. Hardship If the department deems a hardship case exists, it may make any payment authorized by this subchapter in whole or in part to the displaced person affected in advance of moving, conveying or other acquisition of title or possession by the State. [PL 1971, c. 593, §22 (AMD).] SECTION HISTORY PL 1971, […]
§245-B. Guidelines and rules The department may adopt guidelines and procedures, or promulgate rules consistent with this subchapter as it determines necessary or appropriate to carry out this subchapter and to include the standards of “decent, safe and sanitary.” [PL 1989, c. 208, §§18, 21 (AMD).] SECTION HISTORY PL 1971, c. 333, §1 (NEW). […]
§245. Administration The department shall carry out the functions of this subchapter either with its personnel or through any federal, state or municipal agency having an established organization for conducting relocation assistance programs; and is authorized and empowered to make all contracts and do all things necessary to fulfill the intent and purposes of this […]
§246. Appeal 1. State Claims Commission. If the department is unable to negotiate any payment authorized under section 244, subsection 1, paragraph A, or section 244‑A, subsection 1, at what it deems to be a reasonable amount, either the department or the displaced person, or both, may apply to the State Claims Commission in writing […]
§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 […]
