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Section 4: Payments in Condemnation Cases

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Payments in Advance of Final Judgment

For condemned property, no supplemental housing payments should be made to owners until the acquisition date and/or price of the property is known. In some cases, however, this 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, he must execute a form ROW-R-150, Contract and Assignment of Relocation Benefits, in which he agrees to repay any overpayment of supplement from the amount awarded for acquisition in the final judgment. If form ROW-R-150 does not cover all contingencies due to many situations that arise because of part owners, carve-outs, or nonconforming use, contact ROW Division HQ for assistance.
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    • Compute the replacement housing supplement in the normal manner when the displacee applies to receive it before the Special Commissioners’ Hearing.
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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 10 percent, then increase the value of the dwelling and lot by 10 percent. Then subtract the adjusted dwelling and lot value from the cost of replacement housing. A revised form ROW-R-107, Supplemental Payment Estimate, Replacement Housing, need not be submitted for this computation if there is no change in the cost of comparable housing as shown on the original. Present the computations in the letter of transmittal at the time payment is billed. 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.
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Payments after Final Judgment

After final judgment has been rendered, adjust the approved housing supplement as in 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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