Ineligible Moving and Related Expenses

The following is a nonexclusive listing of payments a displacee is not entitled to:
  • costs for moving structures or other real property improvements in which the displacee kept ownership, except as authorized for replacement housing payments;
  • interest on a loan to cover moving expenses;
  • loss of business goodwill;
  • loss of profits;
  • loss of trained employees;
  • additional operating expenses of a business, farm, or NPO due to operating in a new location, except as eligible under rules governing reestablishment expenses as described in ;
  • personal injury;
  • expenses incurred searching for a replacement dwelling,
    which include costs for mileage, meals, lodging, time and professional real estate broker or attorney's fees;
  • physical real property modifications at the replacement site, except for those reasonable and necessary modifications eligible under and ;
  • expenses for providing utilities from the property line to a structure, except as authorized for replacement housing or as eligible under non-residential moving expenses;
  • costs incurred for complying with OSHA, or any other Federal, State, or local requirement, at the replacement site, that are not specifically related to the reinstallation of displaced personalty and its proper functioning, except as eligible under ;
  • costs for personalty storage on real property owned or leased by the displacee;
  • losses incurred due to negligence of the displacee, displacee’s agent, or employees;
  • costs for obtaining copies of tax returns or other records for supporting fixed moving payments;
  • legal fees or other costs for preparing a relocation payment claim, or for representing the claimant before TxDOT;
  • refundable security and utility deposits;
  • cosmetic changes to a replacement dwelling, which are not required by State or Local law, such as painting, draperies, or replacement carpet or flooring;
  • moving and related expenses incurred before initiation of ROW negotiations or issuance of a notice of advanced relocation eligibility, whichever occurs first, unless prior ROW Program Office approval is obtained; or
  • costs of moving to a site in violation of a Federal, State, or local regulation. For example, outdoor advertising signs declared as personal property and junkyards may only be relocated to conforming locations.