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Section 2: Allowable Moving Expenses - Non-residential

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Overview

When moving on an actual-cost basis, the following items and conditions are considered allowable expenses.

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Personalty

Costs, including packing and unpacking, for moving personalty lawfully located on the site from which it is being moved.

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Transportation

Costs incurred for moving a displaced person or personal property a distance of not more than 50 miles, unless TxDOT determines that relocation beyond 50 miles is justified. Requests for moves exceeding 50 miles must have prior approval from the ROW program office in Austin.

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Labor and Materials

Packing, crating, unpacking and uncrating of the personal property.

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Removal and Reinstallation

Costs for disconnecting, dismantling, removing, reassembling, and reinstalling displaced machinery, equipment, other personalty, and substitute personalty. This includes:

  • connection to utilities available nearby
  • modifications to personalty necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site.
  • modifications necessary to adapt utilities at the replacement site to the personalty.
  • modifications to real property at the replacement site necessary to permit the reinstalled personalty to function properly and according to code.

Such costs are not applicable to items classified as real property, acquired in the acquisition process, and retained by the owner. Reasonable and necessary will remain the determining criteria for all eligible costs.

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Storage

The department may approve requests for personalty storage for up to one year. The need for storage must be documented in department files. Costs for personalty storage exceeding one year require approval by the ROW program office in Austin. Costs for storing personalty on the remainder of real property being acquired or on other property owned or leased by the displacee or a member of his family are not eligible.

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Professional Services - Studies Related to the Replacement Location

Expenses incurred prior to purchase or lease of the replacement site to determine its suitability for the displaced persons' business, farm or non-profit organization including, but not limited to soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of the replacement site). Professional services attributable to "reestablishment" or "searching expenses" will only be eligible for reimbursement as part of the total eligible claim amount under State and Federal law.

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Professional Services - Professional Move Planner Service

Costs of a professional move planner needed for:

  • planning the move;
  • moving personal property;
  • installing relocated personal property at the replacement site; and

Prior to the move, the department shall meet with the displaced business, farm or non-profit organization and the proposed move planner to discuss the following:

  • scope of work to be performed;
  • estimated hours to be incurred by the consultant;
  • hourly rate;
  • items of personal property versus items of real property.

Qualifications of the Professional Move Planner:

  • Five years of experience with a TxDOT approved right of way service provider (ROWAPS), or;
  • Experience providing moving services to at least two like-type enterprises under guidelines of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amendments thereto (Uniform Act).
    • Project and contact information must be provided for the entity monitoring for Uniform Relocation Act Compliance to verify quality of work and understanding of the Uniform Relocation Act.
    • If proposed move planner is a ROWAPS vendor, they may not be employed on the project where the proposed move planner services will be rendered.

NOTE: If services to be provided are strictly "technical" in regards to the displaced personal property, the above qualifications will be limited to the provider demonstrating a thorough knowledge of the tasks performed.

All persons considered for relocation assistance professional services must submit a detailed scope of work with a breakdown of hours by task, personal property list, resume inclusive of references and contact information from previous clients to the displaced business, farm or non-profit organization. The displacee shall forward this information to the department for prior review. If approved, a meeting will be scheduled by the department to discuss conditions of the agreement and requirements for reimbursement. All documentation of qualifications shall be maintained in the department files, and a copy forwarded to the ROW program office in Austin for compilation of a state-wide approved move planner list.

Department approval for all move planners shall be granted on the basis of a well defined "scope of work" and estimated costs prior to the start of the move. Any changes in detail or costs shall be approved by the department’s Right of Way Manager prior to incurring further costs by the business, farm or non-profit organization. Failure to do so may limit actual reimbursable costs to the original estimated amounts. All payments for the reimbursement to move planners shall be made directly to the displacee unless authorized by three-way agreement. It should be noted that any contract for the professional services for a move planner is strictly between the displacee and the move planner, and TxDOT is only responsible for reimbursing the displacee for such costs that are both eligible and adequately documented in accordance with the "Uniform Act."

TxDOT reserves the right to decline approval of any move planner based on unacceptable past performance properly documented by the department.

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Insurance

Costs for insurance premiums covering loss or damage of personalty while in storage or transit. The coverage amount must not exceed reasonable replacement value of the moved property.

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Losses in Moving

Reasonable replacement value of property lost, stolen, or damaged in the moving process (not through the fault or negligence of the displacee, his agent, or employees) when insurance covering such loss, theft, or damage is not readily available.

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Permits

Costs for any licenses, permits, or certifications required of the displacee at the replacement site, except for those otherwise eligible Reestablishment Expenses - Nonresidential. However, payment may be based on the remaining useful life of any existing licenses, permits, or certifications.

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Signs

Costs for modification and re-lettering signs and replacing stationery, business cards, effected promotional items, and other specifically addressed printed items on hand at the time of displacement made obsolete due to the move. Costs may also include reimbursement for the unused portion of any applicable advertising.

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Utilities

Costs for utility, telephone, and computer service transfer fees when such expenses are necessary to affect relocation. Refundable service deposits are not eligible. This also includes connection to available nearby utilities from the right of way to improvements at the replacement site.

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Moving Estimates

Costs incurred by TxDOT for obtaining moving estimates, not to exceed two estimates per move. If the two estimates are incompatible, a third estimate may be obtained provided that the need for such estimate is documented in department files. Contractor payments of more than $500 for furnishing a moving cost estimate require approval by the ROW program office in Austin.

In complex or unusual moves, when it is determined that advertising is the only means of securing estimates of the costs for packing, transporting, and unpacking, or for other necessary services, the advertising expense is eligible.

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Property Disposal Costs

Reasonable costs incurred attempting to sell an item displaced by the project but not to be relocated.

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Actual Direct Loss of Tangible Personal Property

See Section 5.

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Purchase of Substitute Personal Property

See Section 5.

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Searching

See Section 7.

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Impact Fees

Impact fees or one-time assessments for anticipated heavy utility usage, as determined necessary by TxDOT.

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Other Expenses

Costs not specifically listed as ineligible in Ineligible Moving and Related Expenses and determined by TxDOT to be reasonable and necessary.

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Low Value/High Bulk

When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the displacing agency, the allowable moving cost payment shall not exceed the lesser of:

  • the amount which would be received if the property were sold at the site, or
  • the replacement cost of a similar quantity delivered to the new business location.

Types of personal property that may fall under this option include, but are not limited to stockpiled sand, gravel, minerals, metals and other like-type items as determined by the Agency.

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