Chapter 10: General Provisions

Section 1: Procedures

Eligibility

A displacee lawfully present in the U.S. is eligible to receive payment for the reasonable expenses of moving his/her personalty. A residential displacee
unlawfully
 present in the U.S. (refer to
49 CFR, Section 24.208
) is eligible to receive payment for the reasonable expenses of moving his/her personalty if he/she can demonstrate that denial of relocation assistance benefits will result in an exceptional and extremely unusual hardship to the person’s spouse, parent, or child (if that spouse, parent, or child is a citizen of the U.S. or an alien lawfully admitted for permanent residence in the U.S.). A hardship case is not automatic when an eligible dependent is involved.

Date of Displacement

For determining relocation payment eligibility, the date of displacement is the latter of:
  • the date the person moves, or is required to move by notice (whichever is earlier);
  • the date a comparable replacement dwelling is made available.

Late Occupant

When a displacee fails to meet the length of occupancy requirements applicable to a 90 day occupant or is unable to provide documentation establishing a date of occupancy, the occupant shall be considered a “late” occupant and is entitled to all relocation benefits afforded to a normal 90-day occupant. Any “late occupant” must continue occupancy until TxDOT obtains possession of the real property, in order to receive relocation benefits.

Distance of Move

There is no limitation on the distance a displacee moves, in state or out of state. If the displacee chooses to relocate in excess of 50 miles, reimbursement shall be based on the cost of moving, not to exceed 50 miles unless, TxDOT determines that relocation cannot be accomplished within the 50-mile area. In this case, and with prior approval from the ROW PD Manager, payment is allowed only to the nearest adequate and available site.

More Than One Move

A displacee will normally be eligible for payment for only one move. However, when in the public interest, prior approval may be given for payment for more than one move.
For example, TxDOT scheduling may require moving personalty from the displacement site to a temporary site before the replacement site is ready for occupancy. In this case, the ROW Program Office may approve a second move to the permanent replacement site.

Moves to Multiple Locations

Typically, all displaced personalty is moved from the displacement site to one replacement location. However, it may be necessary to relocate personalty from the displacement site to multiple replacement sites. Prior approval from the ROW PD Manager shall be obtained and the multiple replacement sites justified as reasonable and necessary.
Payment for moves to multiple sites must not exceed the cost of moving
all
 personalty to the nearest selected site that will accommodate a majority of the displaced personalty.

Owner Retention

When a displaced residential owner-occupant retains a realty improvement in the parcel, the cost of moving it onto the remainder or replacement site is not eligible for reimbursement as a moving cost. However, if he/she chooses to use his/her dwelling as a means of moving personalty, the cost of moving personalty on a fixed schedule basis is an eligible expense.

Property

Determine which items are classified as realty to be valued in the appraisal of the property before assigning appraisal work. Make this determination in agreement with TxDOT’s policies on negotiations and with the
ROW Appraisal and Review Manual
 section on
“Legal Instructions - Personalty and Realty.”
When ROW is acquired by an LPA, try to determine which items are personalty and which are realty at the pre-appraisal stage.
When identifying personal property eligible for moving expense payments, review the list of personal property furnished by the appraiser in relation to the inventory list compiled by the displacee and TxDOT personnel to avoid making relocation payments for items classified as realty.

Overtime Charges

Base moving expense payments (including cost estimates) on “straight time” labor rates, and not on “overtime” labor rates, unless the displacee can justify the need to move at night, on weekends, or on holidays. When ROW PD determines that the move must be conducted outside of “normal work hours,” moving payments may include a reasonable amount for overtime charges. Justification for overtime charges must be documented in the project files.

Notification and Inspection

To receive moving payments, the displacee must:
  • provide TxDOT with advance notice of the estimated move date or the disposal date of displaced personalty;
  • provide TxDOT with a dated list of items to be moved, including a separate list of items requiring special handling or extra services for removal and reinstallation; and
  • allow TxDOT to make timely inspections of the displaced personalty at the displacement and replacement sites, and to monitor the move.
ROW PD shall:
  • monitor moves to ensure agreement with expected costs, directing added attention towards complex or high-cost moves expected to exceed $20,000.00;
  • perform pre-move and post-move “on-site” inspections to confirm that property listed on the pre-move inventory is physically located at the displacement site, and is moved and reinstalled at the replacement site;
  • document any sizable differences in the project files and revise the agreed upon payment amount accordingly;
  • record, in the project files, TxDOT’s pre-move and post-move inventory verifications; and
  • record, in the project files, the inspection findings, the inspection date, and the inspector’s name.

Moving Cost

Base moving cost estimates on the moving plan or on previously agreed upon terms and conditions. These estimates, particularly those that TxDOT pays a company or individual to prepare, should include:
  • dates (e.g. date prepared, date inspected);
  • name and address of the company or person preparing the estimate;
  • name of the person being moved;
  • relocation address and move distance on which costs are calculated;
  • a description of property to be moved or reinstalled; and
  • applicable costs such as labor, transportation, packing and crating, special equipment, insurance, and materials needed for the move.
As an alternative to formal advertising, bids from qualified contractors may be requested by mail, in-person, or via telephone.

Payment After Death

If a displacee vacates State-acquired property but dies before he/she is paid for moving costs, pay displacee’s moving costs to displacee’s beneficiaries or estate.