TITLE IX
ACQUISITION OF LANDS BY UNITED STATES; FEDERAL AID
Chapter 124-A
RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
Section 124-A:1
124-A:1 Purpose. –
The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a state agency in order that such persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:2
124-A:2 Definitions. –
In this chapter:
I. "Acquiring agency" means any organization or person who has the authority to acquire property by eminent domain under state law.
II. "Business" means any lawful activity, except a farm operation, conducted primarily:
(a) For the purchase, sale, lease and/or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(b) For the sale of services to the public;
(c) By a nonprofit organization; or
(d) Solely for the purposes of RSA 124-A:3 for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of above activities are conducted.
III. "Comparable replacement dwelling" means any dwelling that is:
(a) Decent, safe, and sanitary;
(b) Adequate in size to accommodate the occupants;
(c) Within the financial means of the displaced person;
(d) Functionally equivalent;
(e) In an area not subject to unreasonable adverse environmental conditions; and
(f) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment.
IV. "Displaced person" means, except as provided in subparagraph (b):
(a)(1) Any person who moves from real property, or moves his personal property from real property:
(A) As a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency; or
(B) On which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in 124-A:2, II, as a direct result of rehabilitation, demolition, or such other displacing activity as may occur under a program or project undertaken by a displacing agency in any case in which the displacing agency determines that such displacement is permanent; and
(2) Solely for the purposes of RSA 124-A:3, I and II and RSA 124-A:7, any person who moves from real property, or moves his personal property from real property; and
(A) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or
(B) As a direct result of rehabilitation, demolition, or such other displacing activity as any displacing agency may prescribe, of other real property on which such person conducts a business or farm operation, under a program or project undertaken by said displacing agency where the displacing agency determines that such displacement is permanent.
(b) The term "displaced person" does not include any person who has been determined, according to criteria established by the lead agency, to be either unlawfully occupying the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter. Nor does it include, in any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
V. "Displacing agency" means the state or a state agency carrying out a program or project, or any person carrying out a program or project with federal financial assistance, or state financial assistance, which causes a person to be a displaced person.
VI. "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
VII. "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any federal guarantee or insurance, and any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.
VIII. "Lead agency" means the New Hampshire department of transportation as designated by the governor on March 10, 1988, or any agency subsequently designated by the governor under RSA 124-A:9, III.
IX. "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.
X. "Person" means any individual, partnership, corporation, or association.
XI. "State agency" means any department, agency, or instrumentality of the state or of a political subdivision of the state; any department, agency, or instrumentality of 2 or more states or of 2 or more political subdivisions of the state or states; and any person who has the authority to acquire property by eminent domain under state law.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:3
124-A:3 Moving and Related Expenses. –
I. Whenever a program or project to be undertaken by a displacing agency results in the displacement of any person, the displacing agency shall provide payment to the displaced person of:
(a) Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;
(b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the lead agency;
(c) Actual reasonable expenses in searching for a replacement business or farm; and
(d) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, in accordance with criteria to be established by the lead agency, but not to exceed $100,000.
II. Any displaced person eligible for payments under paragraph I of this section who is displaced from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by paragraph I of this section may receive an expense and dislocation allowance, which shall be determined according to a schedule established by the lead agency.
III. Any displaced person eligible for payments under paragraph I of this section, who is displaced from his place of business or farm operation and who is eligible under criteria established by the lead agency, may elect to accept the payment authorized by this paragraph in lieu of the payment authorized by paragraph I of this section. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency, except that such payment shall be not less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for payment under this paragraph.
Source. 1989, 147:1. 2003, 207:1, eff. Jan. 1, 2004.
Section 124-A:4
124-A:4 Replacement Housing for Homeowners. –
I. In addition to payments otherwise authorized by this chapter, the displacing agency shall make an additional payment, not in excess of $22,500, to any displaced person who is displaced from a dwelling which he actually owned and occupied for not less than 180 days before the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following:
(a) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling.
(b) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay to finance the purchase of a comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling.
(c) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, excluding prepaid expenses.
II. The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date such person receives final payment from the displacing agency for the acquired dwelling or the date the obligation of the displacing agency under RSA 124-A:8 is met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of the end of such period.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:5
124-A:5 Replacement Housing for Tenants and Certain Others. –
I. In addition to amounts otherwise authorized by this chapter, a displacing agency shall make a payment to or for any displaced person not eligible to receive a payment under RSA 124-A:4 if such dwelling was actually and lawfully occupied by the displaced person for at least 90 days immediately before:
(a) The initiation of negotiations for the purchase of such dwelling; or
(b) Such other event as the lead agency shall prescribe, if displacement is not a direct result of the acquisition. Payment shall consist of the amount, not to exceed $5,250, necessary to enable such person to lease or rent a comparable replacement dwelling for a period not to exceed 42 months. Payment made under this paragraph may be made in periodic installments, at the discretion of the displacing agency. Computation of a payment made under this paragraph to a low-income displaced person shall take into account such person's income.
II. Any person eligible for a payment under paragraph I of this section may elect to apply such payment to a down payment on the purchase of a decent, safe, and sanitary replacement dwelling and other expenses incidental to such purchase. Any such person, at the discretion of the displacing agency, may be eligible under this paragraph for the maximum payment allowed under paragraph I, provided, however, that where a displaced homeowner has owned and occupied the displacement dwelling for at least 90 days, but not more than 180 days immediately before the initiation of negotiations for the purchase of such dwelling, then such payment shall not exceed the payment such person otherwise would have received under RSA 124-A:4, I, had the person owned and occupied the displacement dwelling 180 days immediately before the initiation of such negotiations.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:6
124-A:6 Expenses Incidental to the Transfer of Property. –
In addition to amounts otherwise authorized by RSA 124-A:3, I(c), the acquiring agency shall reimburse the owner of real property acquired for a project for reasonable and necessary expenses incurred for:
I. Recording fees, transfer taxes and similar expenses incidental to conveying such property;
II. Penalty costs for prepayment of any mortgage entered into in good faith encumbering such real property if such mortgage is on record or has been filed for record as provided by law on the date the acquiring agency approves the location of such project; and:
III. The pro rata portion of real property taxes paid which are allocable to a period after the date title vests in the state agency or the effective date of the possession of such real property by the acquiring agency, whichever is earlier.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:7
124-A:7 Relocation Assistance Advisory Services. –
I. Programs or projects undertaken by a displacing agency shall be planned in a manner that:
(a) At an early stage in planning such programs or projects and before beginning any actions which will cause displacements, recognizes the problems associated with displacing individuals, families, businesses, and farm operations; and
(b) Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and expedites program or project advancement or completion.
II. Displacing agencies shall ensure that relocation assistance advisory services are available to all persons displaced by such agency. Relocation advisory programs shall include such measures, facilities, or services necessary or appropriate to:
(a) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance;
(b) Provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;
(c) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
(d) Supply information concerning federal, state, and local programs which may be of assistance to displaced persons, and supply technical assistance to persons applying for assistance under such programs;
(e) Provide other advisory services to displaced persons in order to minimize hardship in adjusting to relocation; and
(f) Coordinate relocation activities performed by the displacing agency with other federal, state, or local government action in the community which could affect the efficient delivery of relocation assistance and related services.
III. If a displacing agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result of such activity, then the agency may provide advisory services to that person.
IV. Notwithstanding RSA 124-A:2, IV(b), in any case in which a displacing agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:8
124-A:8 Assurance of Availability of Housing. –
I. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that such dwellings cannot otherwise be made available, then the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The displacing agency may use this section to exceed the maximum amounts which may be paid under RSA 124-A:4 and 124-A:5 on a case-by-case basis for good cause as determined in accordance with rules adopted by the lead agency.
II. No person shall be required to move from a dwelling because of any program or project undertaken by a displacing agency, unless the displacing agency is satisfied that comparable replacement housing is available to such person.
III. The displacing agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the event of:
(a) A major disaster as defined in section 102(2) of the Federal Disaster Relief Act of 1974;
(b) A national emergency declared by the President; or
(c) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy constitutes a substantial danger to the health or safety of such person.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:9
124-A:9 Rulemaking Authority of the Lead Agency. –
I. The lead agency shall adopt rules under RSA 541-A and shall establish procedures necessary to assure:
(a) That the payments and assistance authorized by this chapter shall be administered in a manner which is fair and reasonable and as uniform as practicable;
(b) That a displaced person who makes proper application for and is entitled to a payment pursuant to this chapter shall be paid promptly after relocation or, in hardship cases, shall be paid in advance; and
(c) That any displaced person who is aggrieved by a program or project that is under the authority of a state agency may have his application reviewed by such state agency.
II. The lead agency may adopt other rules under RSA 541-A, consistent with the provisions of this chapter, as it deems necessary or appropriate.
III. The governor is authorized to designate any state agency as lead agency for the purposes of this chapter.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:10
124-A:10 Administration. –
Displacing agencies may enter into contracts with any individual, firm, association or corporation for services in connection with this chapter or may carry out functions under this chapter through any federal or state agency or instrumentality having an established organization for conducting relocation assistance programs. Such state agency, in carrying out relocation activities described in RSA 124-A:7, whenever practicable, shall utilize the services of state and local housing agencies, or other agencies having experience in administering or conducting similar housing assistance activities.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:11
124-A:11 Fund Availability. –
I. Funds appropriated or otherwise available to any state agency or unit of local government for the acquisition of real property or any interest in real property for a particular program or project shall also be available to carry out the provisions of this chapter as applied to that program or project.
II. No payment or assistance under this chapter or under RSA 498-A shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by federal, state, or local law which is determined by the lead agency to have substantially the same purpose and effect as such payment under this chapter or under RSA 498-A.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:12
124-A:12 Payments not Income or Resources. –
No payment received by a displaced person under this chapter shall be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of RSA 77-A or any other direct or indirect tax on income under state law.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:13
124-A:13 Real Property Acquisition. –
I. This chapter shall not be construed as creating, in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to the date of enactment of this chapter.
II. Any agency acquiring real property using federal funds or state funds shall comply with the provisions of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), as amended, and RSA 498-A.
Source. 1989, 147:1, eff. May 17, 1989.
Section 124-A:14
124-A:14 Severability. –
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source. 1989, 147:1, eff. May 17, 1989.