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Manual Notice
| ROW Vol. 3 - Relocation Assistance |
TxDOT Manual System
♦
Manual Notice 2007-1
►
1.
Policy and Authorities
►
1.
Overview
♦
General
►
2.
Laws, Regulations, and TxDOT Policy
►
1.
Federal Law and Regulations
♦
Authority for Relocation Assistance
♦
Relocation Payments Non-Income Status
♦
Fair Housing
♦
Fair Housing Exceptions
♦
Eligibility - Individuals Unlawfully Present
►
2.
State Law
♦
Authority
►
3.
Departmental Policy
♦
Commission Minute Orders
♦
Replacement Housing Policy
♦
Emergency Relocation
►
4.
Miscellaneous Provisions
♦
No Waiver of Relocation Assistance
♦
No Duplication of Payments
♦
Type of Interest Acquired
♦
Partial Acquisitions
♦
Acquisition of Remainder
♦
Eviction for Cause
♦
Joint Residential and Business Use
♦
Refusal of Assistance
♦
Waivers
♦
Ineligible Payments
►
3.
Relocation Assistance Program Organization
►
1.
State Organization
♦
Overview
►
2.
Relocation Assistance Offices
♦
Overview
♦
Local Relocation Assistance office
♦
Monitoring
►
3.
Civil Rights
♦
Overview
►
4.
Program Administration
►
1.
Procedures
♦
Material Maintained
♦
Delivery of Payment
♦
Coordination of Relocation Assistance Activities
►
5.
Relocation Assistance and LPAs
►
1.
LPA Requirements
♦
Procedure
►
6.
Relocation Assistance Advisory Services
►
1.
General Requirements
♦
Overview
►
2.
Eligibility for Relocation Assistance Advisory Services
♦
Requirements
►
3.
Minimum Relocation Assistance Advisory Services for Non-Residential Displacees
♦
Requirements
►
4.
Minimum Relocation Assistance Advisory Services for Residential Displacees
♦
Requirements
►
5.
Other Applicable Relocation Advisory Services
♦
Requirements
►
7.
Public Information
►
1.
Types of Public Information
♦
Public Hearings
♦
Relocation Assistance Booklet
♦
Local News Media
►
8.
Relocation Program Planning & Construction
►
1.
Stage Requirements
♦
ROW Stage Requirements
♦
Construction Stage Requirements
►
9.
Presentation of Relocation Assistance Information
►
1.
Notices
♦
General Information Notice (Notice of Displacement)
♦
Notice of Displacee Obligations
♦
Notice of Relocation Assistance Eligibility
♦
Notice of Replacement Amounts
♦
Notices to Vacate
♦
Notice to Late Occupants
♦
Notice of Advance Relocation Assistance Eligibility
♦
Notice of Denial of Claim
♦
Manner of Notices
►
2.
Notice Letters
♦
Example Letters
►
3.
Pre-Negotiation Contacts
♦
Procedure
♦
Notices and Contacts with Persons Who are Not Displaced
►
10.
General Provisions
►
1.
Procedures
♦
Eligibility
♦
Distance of Move
♦
More Than One Move
♦
Moves to Multiple Locations
♦
Owner Retention
♦
Property
♦
Overtime Charges
♦
Notification and Inspection
♦
Moving Cost
♦
Ineligible Moving and Related Expenses
♦
Payment After Death
►
11.
Residential Moves
►
1.
Eligibility
♦
Overview
♦
Actual Cost Commercial Move
♦
Actual Cost Self-Move
♦
Fixed Room Count Schedule
►
2.
Allowable Moving Expenses - Residential
♦
Overview
♦
Personalty
♦
Personal Transportation
♦
Removal and Reinstallation
♦
Storage
♦
Temporary Lodgings and Meals
♦
Insurance
♦
Losses in Moving
♦
Utilities
♦
Mobile Homes
♦
Other Expenses
►
3.
Actual Reasonable Moving Expenses
♦
Displacee Requirements
♦
District Requirements
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4.
Fixed Moving Expense Payments
♦
Determination of Payment
♦
Use of Moving Expense Schedules
♦
Counted Rooms
♦
Multiple Occupancy of Same Dwelling
♦
Owner-Occupant Multi-Family Units
►
12.
Personal Property Only Moves
►
1.
Eligibility
♦
Overview
►
2.
Types of Moving Options
♦
Actual Cost Commercial Move
♦
Actual Cost Self-Move
►
13.
Continued Occupancy Incentive Payment
►
1.
Eligibility
♦
Overview
♦
Eligibility Requirements
►
2.
Provisions
♦
Overview
♦
Amount of Payment
♦
Process
►
14.
Non-residential Moves
►
1.
Eligibility
♦
Overview
►
2.
Allowable Moving Expenses - Non-residential
♦
Overview
♦
Personalty
♦
Transportation
♦
Labor and Materials
♦
Removal and Reinstallation
♦
Storage
♦
Professional Services
♦
Insurance
♦
Losses in Moving
♦
Permits
♦
Signs
♦
Utilities
♦
Moving Estimates
♦
Property Disposal Costs
♦
Actual Direct Loss of Tangible Personal Property
♦
Purchase of Substitute Personal Property
♦
Searching
♦
Impact Fees
♦
Other Expenses
♦
Low Value/High Bulk
►
3.
Types of Eligible Moving Expenses - Non-residential
♦
Overview
♦
Commercial Move
♦
Actual Cost Self-Move
♦
Negotiated Self-Move
►
4.
Moving Expense Finding
♦
Cost Estimate
►
5.
Actual Direct Loss of Tangible Personal Property/Purchase of Substitute Personal Property
♦
Overview
♦
Actual Direct Loss of Tangible Personal Property
♦
Purchase of Substitute Personal Property
♦
Requirements
►
6.
Searching for Replacement Operating Site
♦
Overview
♦
Receipted Bills
♦
Time Spent in Search
►
7.
Reestablishment Expenses - Non-residential
♦
Overview
♦
Eligible Expenses:
♦
Ineligible Expenses
►
8.
Fixed Moving Payments - Businesses, Farms and Nonprofit Organizations
♦
Overview
♦
Business
♦
Farm Operation
♦
Nonprofit organization
►
9.
Non-residential Terms and Calculations
♦
Definitions
♦
Net Earnings
♦
Contributes Materially
♦
Out of Operation
♦
Fixed Payment
►
10.
Entitlement for Fixed Payment
♦
Requirements
►
11.
Advertising Signs
♦
Eligibility
♦
Value of Displaced Sign
♦
12.
Relocation Procedures for TxDOT Leasebacks
►
15.
Replacement Housing
►
1.
Eligibility
♦
Overview
♦
Eligibility Requirements
♦
Time Period
♦
Owner of Displacement Dwelling
♦
Purchase of Replacement Dwelling
♦
Occupancy
♦
Delay in Occupancy After the Purchase of Replacement Dwelling
♦
Payment Eligibility in Special Circumstances
♦
Conversion of Payment
♦
Change in Occupancy
♦
Payment After Death
♦
Non-Occupancy
♦
DSS Dwelling
♦
Number of Units
♦
Statement to Lending Agencies
♦
Eminent Domain Action
♦
Supplement Revisions
♦
Ownership of Replacement Dwelling Before Displacement
♦
Multiple Occupancy of Same Dwelling
♦
Multiple Ownership of Subject Dwelling
►
16.
Entitlements for 180-Day Owner-Occupants
►
1.
Payment Options
♦
Overview
♦
2.
Determination of Eligibility
►
3.
Limitations
♦
Overview
►
4.
Amount of Total Payment
♦
Replacement Housing Payment
♦
Rental Assistance Payment
►
5.
Replacement Housing Payments
♦
Overview
♦
Eminent Domain/Administrative Settlement
♦
Mixed-Use and Multi-Family Properties Acquired
♦
Insurance Proceeds
♦
Owner Retention of Displacement Dwelling
►
6.
Maximum Payment Calculations
♦
Procedure
►
7.
Incidental Expenses - 180-Day Owner-Occupants
♦
Overview
♦
Cash Purchase, No Mortgage on Displacement Property
♦
Purchases with Mortgage Financing
►
8.
Mortgage Insurance Premium Payments and VA Loan Funding Fees
♦
Overview
►
9.
Increased Interest Payment
♦
Overview
♦
Notice of Mortgage Payment Limitations
►
10.
Computation of Increased Interest Payments
♦
Overview
♦
Sample A
♦
Sample B
♦
Partial Acquisition: Multi-Use Properties, Other Highest and Best Use
♦
More Than One Mortgage
►
11.
Computation of Housing Supplement
♦
Overview
♦
Establishing Subject’s Value
♦
Carve-outs of Excess Land and Improvements
♦
Subject is a Duplex or Triplex
♦
Portion of Subject Rented Out
♦
Subject’s Value Established by LPA
►
17.
Entitlements for 90-Day Occupants
►
1.
Application of Entitlements
♦
Overview
♦
2.
Eligibility - 90-Day Occupants
►
3.
Rental Assistance Payment
♦
Criteria
♦
Eligibility
♦
Fair Market Rent
♦
Utility Expenses
♦
Subsidized Housing
♦
Housing Allowance
♦
Disbursement
♦
Manner of Disbursement
►
4.
Down Payment Assistance
♦
Down Payment
♦
Eligibility for payment
♦
Amount of payment
♦
Application of Payment
♦
Last Resort Housing
♦
Documentation
♦
Incidental Expenses
►
18.
Entitlements for Mobile Home Occupants
►
1.
General Provisions
♦
Overview
♦
Partial Acquisition of a Mobile Home Park
♦
Initiation of Negotiations
♦
Persons with Both an Ownership and Tenant Interest
♦
Amount of Payment
♦
Comparability
♦
Rent or Replacement
♦
Transporting Costs
♦
Configuration
►
2.
180-Day Mobile Home Owner-Occupant
♦
Overview
►
3.
Replacement Housing Entitlements for 180-Day Mobile Home Owner-Occupants
♦
State Acquires Mobile Home and Site
♦
State Acquires Mobile Home Only, Owner-Occupant Rents Site
♦
State Acquires Site Only from Owner-Occupant of Mobile Home
♦
State Acquires Rental Site but Owner-Occupied Mobile Home Not Acquired.
►
4.
90-Day Mobile Home Occupant
♦
Overview
►
5.
Replacement Housing Entitlements for 90-Day Mobile Home Occupants
♦
State Acquires Owner-Occupied Mobile Home and Site
♦
State Acquires Mobile Home Only, Owner-Occupant Rents Site
♦
State Acquires Site Only From Owner-Occupant of Mobile Home
♦
State Acquires Rental Site but Owner-Occupied Mobile Home Not Acquired.
♦
State Acquires Tenant-Occupied Mobile Home and Site
♦
State Acquires Rental Site but Tenant-Occupied Mobile Home Not Acquired.
►
19.
Decent, Safe, and Sanitary (DSS) Standards
►
1.
Definition and Exceptions
♦
Definition
♦
Exceptions to Decent, Safe and Sanitary (DSS) Standards
►
2.
Replacement Housing Inspection
♦
Procedure
►
20.
Last Resort Housing
►
1.
Overview
♦
Purpose
♦
Applicability
♦
Basic Rights of Persons Displaced
♦
Ownership or Tenancy Status
►
2.
Computation of Payments
♦
Overview
♦
Replacement Housing Payments
♦
Increased Interest Payments
♦
Rental Assistance Supplement
♦
Late Residential Occupants
►
3.
Payments and Authorization
♦
Payments
♦
Authorization
►
21.
Residential Comparison Index
►
1.
Overview
♦
Purpose
►
2.
Evaluation and Estimate Forms
♦
Residential Property Evaluation Form ROW-R-106
♦
Supplemental Payment Estimate, Form ROW-R-107
►
3.
Development of Index Numbers
♦
Index Number Development Charts
♦
Factors for Quality Index
♦
Condition Index
♦
Yard Improvements Index
►
22.
Selection of Comparables
►
1.
Selection Criteria
♦
Procedure
►
2.
Alternatives
♦
Overview
♦
Alternative A
♦
Alternative B
♦
Alternative C
♦
Alternative D
♦
Alternative E
►
3.
Special Features
♦
Procedure
►
23.
Appeals Process
►
1.
Appeal Provisions
♦
Overview
►
2.
Review Procedure for Appeals
♦
Handling Reviews
►
3.
Relocation Assistance Review Committee
♦
Procedure
►
24.
Payment Policies and Procedures
►
1.
Payment Application
♦
General
►
2.
Claims
♦
Documentation
♦
Time for Filing
♦
Expeditious Payments
►
3.
Advance Payment Processing
♦
Procedure
►
4.
Payments in Condemnation Cases
♦
Payments in Advance of Final Judgment
♦
Payments after Final Judgment
►
5.
To Whom Payment Made
♦
Procedure
♦
Moving Expenses - Direct Payment to Mover
♦
Replacement Housing Payments
♦
Increased Interest Payments
♦
Expense Verifications
►
25.
Payment Submissions
►
1.
Documentation for Claims
♦
Claim Types
♦
Documentation
►
2.
Payment of Cost Estimates
♦
Procedure
►
3.
Payee Identification Numbers (PIN)
♦
Procedure
►
4.
Required Coding Information on ROW-A-15, Payment Request
♦
Procedure
►
26.
Records
►
1.
Documentation Provisions
♦
General
♦
Replacement Housing Documentation
♦
Displacement Records
►
27.
Evictions
►
1.
Provisions
♦
Overview
♦
Information to be Included
♦
Attorney Fees
ROW Vol. 3 - Relocation Assistance
September 2007
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