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Section 2: Claims

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Documentation

Claims for a relocation assistance payments shall include documentation supporting expenses that have been incurred as a result of the move, including but not limited to bills, certified prices, appraisals or other evidence of such expenses. A displacee shall be provided reasonable assistance necessary to complete and file any required claim for payment. A detailed list of TxDOT required documentation for each type of relocation payment can be found in Chapter 25.

NOTE: When government employees or active military personnel are displaced from residential dwellings, notarized affidavits shall be obtained for moving expense allowances immediately before computing the relocation payment(s).

If an affidavit reveals receipt of a duplicate payment, include the payment amount in the relocation payment computation so that the payment is based on the actual cost of replacement housing and moving.

Retain the original affidavit in ROW PD's file and submit a copy with the relocation payment package to the ROW Program Office.

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Time for Filing

Displacees must file claims for relocation payments, with required documentation, no later than 18 months from the applicable following date:

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  • For tenants, the date of displacement from the property. The 30-day notice to vacate or the actual date of the move, whichever is earlier, shall determine the date of displacement.
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  • For landowners, the date of displacement or the date of final payment for acquisition of the real property, whichever is later.

When a person is not physically displaced, but TxDOT has authorized relocation benefits due to the result of a partial acquisition, a claim must be filed within 18 months of the applicable following date:

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  • For tenants, all claims must be submitted to TxDOT, with required supporting documentation, on or before the expiration of the 18- month time frame. Any claims filed after this date will be ineligible for reimbursement.
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  • For owners, the date of written notification of relocation benefits or the date of final payment for acquisition of the real property, whichever is later.

Displacees shall adhere to the 18-month deadline in which to incur expenses and file claims unless TxDOT determines an extension is reasonable, necessary, and does not adversely affect the project schedule. This determination is not eligible for appeal.

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Expeditious Payments

TxDOT shall review claims in an expeditious manner, and shall promptly notify the displacee regarding any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible upon receipt of the requested supporting documentation.

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