Partial Acquisitions
The occupant of a remainder who elects to move after a partial
acquisition is not necessarily eligible for relocation payments.
In addition to other eligibility requirements, ROW PD must determine that
the partial acquisition renders the remainder unsuitable for continued
occupancy. In this case, relocation payments must be claimed within
18 months of written notification by ROW PD.
If a partial acquisition displaces a business or farm operation
or causes a displacee to vacate a dwelling (or other real property)
on the remainder, or to move personalty from the remainder, then the
displacee is eligible for additional moving expense compensation.
Considerations in determining a displacement are:
- for residential displacees: the partial acquisition renders a dwelling on the remainder non-decent, safe and sanitary, and the appraiser assigns complete damages to the dwelling.
- for non-residential displacees: the partial acquisition renders a business, farm or non-profit organization unable to conduct business in the same or similar manner as prior to acquisition.
When it is determined by TxDOT that a partial acquisition
causes a residential or non-residential displacee to relocate from
the remainder, any such displacee:
- will be considered displaced; and
- will be eligible to receive the same payments as though their dwellings or business, farm or NPO were within the portion of the real property acquired.