Guam § 17103 - Moving and Related Expenses.

§ 17103. Moving and Related Expenses.

(a) If any agency acquires real property for public use, it shall make

fair and reasonable relocation payments to displaced persons and businesses

as required by this Chapter, for:

(1) actual reasonable expenses in moving himself, his 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.

(4) actual reasonable expenses necessary to reestablish a displaced

farm, non-profit organization, or small business at its new site, in

accordance with criteria to be established by the agency, but not to

exceed Ten Thousand Dollars.

(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 moving expense allowance

determined according to a schedule established by the agency.

(c) Any displaced person eligible for payments under subsection (a) of

this section who is displaced from his place of business or from his farm

operation and who elects to accept the payment authorized by this

subsection in lieu of the payment authorized by Subsection (a) of this

section, may receive a fixed payment in an amount equal to the average

annual net earnings of the business or farm operation, except that such

payment shall not be less than One Thousand Dollars ($1,000) nor more

than Twenty Thousand Dollars ($20,000). In the case of a business, no

payment shall be made under this subsection unless the agency is satisfied

that the business (1) cannot be relocated without a substantial loss of its

existing patronage, and (2) is not a part of a commercial enterprise having at

least one other establishment not being acquired by the agency, which is

engaged in the same or similar business. For purposes of this subsection, the

term average annual net earnings means one-half (1/2) of any net earnings

of the business or farm operation before income taxes during the two (2)

taxable years immediately preceding the taxable year in which the business

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or farm operation moves from the real property acquired for such project, or

during such other period as the agency determines to be more equitable for

establishing such earnings, and includes any compensation paid by the

business or farm operation to the owner, his spouse, or his dependents

during such period. 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.