New Mexico § 42-3-5 - Relocation payments

§ 42-3-5. Relocation payments

A. Whenever a program or project undertaken by an agency will result in the displacement

of a person, the displacing agency shall provide for payment to the displaced person

for: (1) actual reasonable expenses in moving the person or 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 the property, as determined by

the displacing agency; (3) actual reasonable expenses in searching for a replacement business or farm, supported

by documentation that the displacing agency by regulation may require; and (4) actual reasonable expenses necessary to reestablish a displaced farm or business

at its new site, in accordance with criteria to be established by the displacing agency

but not to exceed twenty-five thousand dollars ($25,000). B. A displaced person eligible for payments under Subsection A of this section who

is displaced from a dwelling and who elects to accept the payment authorized by this

subsection in lieu of the payments authorized by Subsection A of this section may

receive an expense and dislocation allowance that shall be determined according to

a schedule established by the displacing agency. C. A displaced person eligible for payments under Subsection A of this section who

is displaced from the person's place of business or from the person's farm operation

and who is eligible under the criteria established by the displacing agency may elect

to accept the payment authorized by this subsection in lieu of the payment authorized

by Subsection A of this section. The payment shall consist of a fixed payment in an amount to be determined according

to the criteria established by the displacing agency, except that the payment shall

be not less than one thousand dollars ($1,000) nor more than forty thousand dollars

($40,000). A person whose sole business at the displacement dwelling is the rental of the dwelling

to others shall not qualify for a payment under this subsection.