Chapter 12 Relocation Assistance

1 Chapter 12 Relocation Assistance 12-1 Acronyms 12-9 Mobile Homes 12-2 Policy 12-10 Personal Property Only (PPO) Relocation 12-3 Responsibility 12-11 Voluntary Transactions 12-4 General Policy 12-12 Temporary Relocations 12-5 General Relocation 12-13 Temporary Construction Easements (TCE). 12-6 Relocation Advisory Services 12-14 Relocation Inventory 12-7 Residential Relocation Entitlements 12-15 Appendices 12-8 Non-residential Relocation Entitlements (Business, Farm, and NPO). 12-1 Acronyms 49 CFR (b) Acronyms relating to Relocation Assistance and the Uniform Relocation Act are located WAC 468-100-002.

2 In the Washington Administrative Code and the Code of Federal Regulations. Additional acronyms relative to the Washington State Department of Transportation (WSDOT) are as follows: AAG Assistant Attorney General AG Attorney General AGO Office of Attorney General ALJ Administrative Law Judge CFR Code of Federal Regulations DLT Direct Loss of Tangibles (Personal Property). DV Determination of Value EIS Environmental Impact Statement HQ RESM Headquarters Real Estate Services Manager HUD Housing and Urban Development IRIS Integrated Realty Information System LPA Local Public Agency NPO Nonprofit Organization OAH Office of Administrative Hearings PPO Personal Property Only RCW Revised Code of Washington RESM Real Estate Service Manager RES Real Estate Services RHP Replacement Housing Payment RVI Replacement Value Insurance SPP Substitute Personal Property WAC Washington Administrative Code WSDOT

3 Washington State Department of Transportation WSDOT Right of Way Manual M Page 12-1. August 2018. Chapter 12 Relocation Assistance 12-2 Policy Purpose 49 CFR To establish uniform procedures in Relocation Assistance that will assure legal entitlements RCW are provided and to provide fair, equitable, and consistent treatment to persons displaced WAC 468-100-001. by projects administered by WSDOT. Authority A. Title 42, United States Code Chapter 61, Sections 4601-4665 (42 USC 4601- 4665), the Uniform Relocation Assistance and Real Property Acquisition Polices for Federal and Federally Assisted Programs (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended), Public Law 91-646, 84.

4 Stat. 1894 (42 USC 4601) as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, Title IV(1987 Amendments), Public Law 100-17, 101 Stat. 246-256 (1987 Amendments). B. Code of Federal Regulations (CFR), 49 CFR Part 24. C. The Revised Code of Washington (RCW), Chapter D. The Washington Administrative Code (WAC), Chapter 468-100. 12-3 Responsibility Applicability 49 CFR (a)(9) A. The provisions of this Chapter are applicable to any person who is displaced by any RCW (4) state or federally assisted highway project or program.

5 WAC 468-100-002(9). B. Parcel files are not closed unless all payments have been made and all Assistance and assurances have been provided to eligible displaced persons as required by this Chapter . Assurances 49 CFR A. WSDOT assures that: RCW WAC 468-100-004 1. The Relocation program is realistic and adequate to provide orderly, timely, and efficient Relocation of displaced persons as provided in this Chapter . Relocation Assistance problems will be analyzed in a Relocation plan for the project. In hardship cases or for protective buying, an analysis of the Relocation problems involved and a specific plan to resolve such problems will be provided for each parcel or for the project.

6 See Chapter 6 for information and procedures for protective buying and hardship cases. 2. Within a reasonable period of time prior to displacement, comparable replacement dwellings will be available or provided for displaced individuals and families as defined in this Chapter . Displaced persons will receive written notice providing the address of at least one, and if available, three comparable replacement dwellings used in determining the replacement housing entitlements. Page 12-2 WSDOT Right of Way Manual M August 2018. Relocation Assistance Chapter 12.

7 3. No person lawfully occupying real property will be required to move from the acquired dwelling, business, farm, or non-profit organization (NPO) without being provided a written assurance at least 90 days prior to the earliest date by which they could be required to vacate the property. B. WSDOT assures that it will not proceed with any construction project within right of way acquired by WSDOT, UNLESS: 1. Relocation payments and services are provided, as set forth in this Chapter . 2. The public is adequately informed of the Relocation payments and services available, as set forth in this Chapter .

8 Organization A. WSDOT administers the Relocation Assistance Program for all its own acquisitions. B. The primary responsibility for the administration and supervision of the program rests with the Acquisition Program Manager. C. One or more Relocation Specialists, whose direct responsibility is to provide Relocation Assistance to the displacees, are assigned to each right of way project where Relocation will occur. The Relocation Specialists may have responsibility for more than one project where workloads allow. Transaction Reviews Region Review The Region Relocation Assistance Supervisor: A.

9 Verifies that the Relocation Eligibility Report has been completed and transmitted to Headquarters (HQ). B. Verifies that the Relocation Plan has been approved by HQ and distributed to appropriate disciplines within the region. C. Verifies that all the proper notices and Relocation brochures have been given to displacees. Forwards original signed copies of notices to the HQ Relocation Reviewer for retention in the official parcel file. D. Assures that all appropriate Relocation entitlements have been calculated and presented to the displacee.

10 Reviews replacement housing calculation packages. Approves residential moving entitlements. Reviews all residential, nonresidential, and personal property only (PPO). recommendations and claims before submittal to the HQ Relocation Reviewer. E. Determines the need for any revisions or re-computations of Relocation entitlements that might arise from matters, such as an administrative settlement, uneconomic remainders, or offer withdrawn. WSDOT Right of Way Manual M Page 12-3. August 2018. Chapter 12 Relocation Assistance Appendix 12-2.