Section 4: Payments in Condemnation Cases

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Payments in Advance of Final Judgment

For a condemned property, the supplemental housing payment shall not be made to the owner until the acquisition date and/or price of the property is known. In certain cases, the final determination cannot be made before the displacee is required to move. In such cases, a preliminary replacement housing payment may be made to a qualified displacee with the following conditions:

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  • Before any payment can be made to an owner-occupant, form ROW-R-150 Contract and Assignment of Relocation Benefits shall be executed. By executing this form, the displacee agrees to repay any overpayment of the supplement from the amount awarded for acquisition in the final judgment. If form ROW-R-150 does not cover all contingencies due to partial ownership, carve-outs, or nonconforming use, contact the ROW Program Office for assistance.
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    • If the displacee applies for the replacement housing supplement before the Special Commissioners’ Hearing, compute the supplement in the normal manner.
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    • If the displacee applies to receive a replacement housing supplement after the Special Commissioners’ Hearing, compute it by adjusting the subject’s value in the same proportion as the Special Commissioners’ Award is to the approved value. For example, if the Award increases the value of the parcel by 10 percent, the value of the dwelling and lot shall be increased by 10 percent. The value of the adjusted dwelling and lot shall be subtracted from the cost of replacement housing. If there is no change in the cost of comparable housing, as shown on the original form ROW-R-107 Supplemental Payment Estimate, Replacement Housing, no revisions need to be submitted for this computation. Present the computations in the letter of transmittal at the time payment is submitted. An adjustment may be necessary to arrive at the final supplement figure on entry of final judgment. Show this adjustment at the time of request for final payment. Be aware that there can be no eligibility until after a replacement dwelling is obtained, either by purchase or rental, and occupied within one year of the final judgment.
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Payments after Final Judgment

After final judgment has been rendered, adjust the approved housing supplement as in the preceding subsection. However, if the displacee was given a date to vacate and a comparable dwelling was not available on that date, at or below the replacement sale price on which the current supplement was computed, a revised supplement will be necessary.

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