Delaware § 9302 - Moving and related expenses.

§ 9302. Moving and related expenses.

(a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after May 27, 1972, the agency shall make a payment to any displaced person upon proper application as approved by the agency for:

(1) Actual reasonable expenses in moving the person, the person’s family, business, farm operation or other personal property;

(2) 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 agency;

(3) Actual reasonable expenses in searching for a replacement business or farm; and

(4) Actual expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, in accordance with criteria established by the agency, but not to exceed $10,000. Notwithstanding the limitations of the preceding sentence, state agency payments under this paragraph shall use the same criteria and shall be authorized to pay in excess of the $10,000 payment permitted by the preceding sentence under said criteria, but shall not use or attempt to obtain reimbursement from federal funds to the extent of the excess. In any event, total payments under this paragraph shall not exceed $22,500.

(b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a fixed expense allowance payment in an amount to be determined according to criteria established by the agency.

(c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person’s place of business or farm operation and who is eligible under criteria established by the agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the 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 a payment under this subsection.

(d) In addition to all other payments authorized under this chapter, a person displaced by any program or project may receive reimbursement for miscellaneous expenses incurred within 30 days of relocation, which expenses are directly attributable to such relocation and which expenses have in fact been paid and for which a proper receipt can be shown. In no event, however, shall such miscellaneous payments as authorized by this subsection exceed 1% of the appraised residential fair market value of the residence acquired, as determined by such agency. Payments authorized by this subsection shall not be allowed if provided for by any other section of this chapter.

29 Del. C. 1953, §  9102;  58 Del. Laws, c. 413, §  2;  67 Del. Laws, c. 8, §§  2, 3;  68 Del. Laws, c. 405, §  58;  70 Del. Laws, c. 186, §  1;