Section 4: Miscellaneous ProvisionsAnchor: #i1000791
No Waiver of Relocation Assistance
A displacing agency shall not propose or request that a displaced person waive his or her rights or entitlements to relocation assistance and benefits provided by the Uniform Act as contained in 49CFR, Part 24.Anchor: #i1000801
No Duplication of Payments
No person will receive any payment if that person receives a payment under Federal, State, local law or from insurance proceeds that has the same purpose and effect as a payment.
TxDOT is not required to conduct an exhaustive search for other payments, and is only required to avoid creating duplication based on its knowledge at the time a payment is computed.
A notarized affidavit must be obtained from government employees and active duty military personnel for moving expense allowances when these persons are displaced from their residential dwellings. A sample affidavit is available upon request to ROW Division HQ.
Obtain these affidavits from the displacees immediately before computing their relocation payments.
If an affidavit reveals receipt of a duplicate payment, then include the payment amount in the relocation payment computation so that the payment is based on the actual cost of replacement housing and moving.
File the affidavit with R/W-PD records on the relocation payment, and attach copy to payment submissions.Anchor: #i1000843
Type of Interest Acquired
If the ROW interest acquired is enough to cause displacement, then the type of interest (e.g., drainage easement) acquired does not affect eligibility for payment of relocation costs. Similarly, terms under which a tenant lawfully occupies property do not affect the tenant's eligibility for payment of relocation costs, if the tenant is displaced by a project.Anchor: #i1000853
The occupant of a remainder who elects to move after a partial acquisition is not necessarily eligible for relocation payments. In addition to other eligibility requirements, R/W-PD must determine that the partial acquisition renders the remainder unsuitable for continued occupancy. In this case, relocation payments must be claimed within 18 months of written notification by R/W-PD.
If a partial acquisition displaces a business or farm operation or causes a displacee to vacate a dwelling (or other real property) on the remainder, or to move personalty from the remainder, then the displacee is eligible for additional moving expense compensation.
Considerations in determining a displacement are:
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- for residential displacees; the partial acquisition renders a dwelling on the remainder non-decent, safe and sanitary, and the appraiser assigns complete damages to the dwelling. Anchor: #KVVLOYKB
- for non-residential displacees; the partial acquisition renders a business, farm or non-profit organization unable to conduct business in the same or similar manner as prior to acquisition.
When it is determined by TxDOT that a partial acquisition causes a residential or non-residential displacee to relocate from the remainder, any such displacee:
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- will be considered displacees, and Anchor: #KHEFLYMY
- will be eligible to receive the same payments as though their dwellings or business, farm or non-profit organization were within the portion of the real property acquired.
Acquisition of Remainder
If an owner voluntarily sells a remainder under the uneconomic remainder procedures (refer to the TxDOT Appraisal and Review Manual), then any owner or tenants displaced due to acquisition of the remainder are eligible for relocation benefits. If a voluntarily acquired remainder is not uneconomic, then only displaced tenants are eligible for relocation benefits.Anchor: #i1000910
Eviction for Cause
A displacee who lawfully occupies real property on the date negotiations are initiated is assumed to be entitled to relocation payments and other assistance described in this Volume, unless TxDOT determines that:
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- the displacee received an eviction notice before initiating negotiations and is then evicted as a result of that eviction notice; or Anchor: #OFIITGWV
- the displacee is evicted after initiation of negotiations for other reasons.
In neither of the above cases, can the eviction occur for the purpose of evading TxDOT's obligation to make available payments and other assistance. Eviction by the Department for failure to move or cooperate in the relocation process does not negate the displaced persons eligibility for assistance and/or payments.Anchor: #i1010097
Date of Displacement
For determining relocation payment eligibility, the date of displacement is the latter of:
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- the date the person moves, or is required to move by notice (whichever is earlier) Anchor: #SCGVYYMC
- the date a comparable replacement dwelling is made available.
Joint Residential and Business Use
When displaced individuals or families occupy living quarters on the same premises as a displaced business, farm, or nonprofit organization, these individuals or families are considered separate displaced persons for purposes of determining entitlement to relocation payments.Anchor: #i1000960
Refusal of Assistance
A displacee who relocates on his own initiative can refuse relocation services and still be eligible for payments. However, the displacee must meet eligibility requirements and make application within the time limits to qualify for relocation benefits.Anchor: #i1000974
Provisions of this Volume not required by law may be waived as an exception to policy when the waiver will not reduce any assistance or protection available to a displacee. Individual waivers must be justified and approved by ROW Division HQ.
FHWA approval of a waiver is required when Federal funding is involved in any part of the project and the waived provision is a Federal regulation requirement.Anchor: #i1000989
No person will receive payments for costs associated with: