Chapter 14: Non-residential Moves

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Section 1: Eligibility

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Overview

A displacee qualifying for a non-residential move is entitled to payment for actual moving and related expenses. This payment shall be for one move only and determined, by TxDOT, as reasonable and necessary. Such payment may include:

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  • reasonable expenses in moving personalty from State-acquired real property;
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  • direct losses of tangible personalty in moving or discontinuing an activity;
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  • reasonable expenses in searching for a replacement location; and
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  • reasonable and necessary expenses in reestablishing a business.

In place of payment for actual moving expenses, an eligible business or NPO may be eligible to choose a fixed moving payment of between $1,000 and $40,000.

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Determining the Number of Businesses

In determining whether two or more displaced legal entities constitute a single business, which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which:

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  • The same premises and equipment are shared;
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  • Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled;
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  • The entities are held out to the public, and to those customarily dealing with them, as one business; and
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  • The same person or closely related persons own, control, or manage the affairs of the entities.

For relocation purposes, if a displacee owns the fee, the structure, and the business operating within the structure, said displacee shall qualify as a business owner. This displacee shall be eligible for one set of relocation benefits.

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