Section 2: Claims
Documentation
Claims for a relocation assistance payments shall include
documentation supporting expenses that have been incurred as a result
of the move, including but not limited to bills, certified prices, appraisals
or other evidence of such expenses. A displacee shall be provided
reasonable assistance necessary to complete and file any required
claim for payment. A detailed list of TxDOT required documentation
for each type of relocation payment can be found in Chapter 25,
Section 2.
NOTE: When government employees or active military personnel
are displaced from residential dwellings, notarized affidavits shall
be obtained for moving expense allowances immediately before computing
the relocation payment(s).
If an affidavit reveals receipt of a duplicate payment, include
the payment amount in the relocation payment computation so that
the payment is based on the actual cost of replacement housing and moving.
Retain the original affidavit in ROW PD's file and submit
a copy with the relocation payment package to the ROW Program Office.
Time for Filing
Displacees must file claims for relocation payments, with
required documentation, no later than 18 months from the applicable
following date:
- For tenants, the date of displacement from the property. The 30-day notice to vacate or the actual date of the move, whichever is earlier, shall determine the date of displacement.
- For landowners, the date of displacement or the date of final payment for acquisition of the real property,whichever is later.
When a person is not physically displaced, but TxDOT has authorized
relocation benefits due to the result of a partial acquisition,
a claim must be filed within 18 months of the applicable following date:
- For tenants, all claims must be submitted to TxDOT, with required supporting documentation, on or before the expiration of the 18- month time frame. Any claims filed after this date will be ineligible for reimbursement.
- For owners, the date of written notification of relocation benefits or the date of final payment for acquisition of the real property, whichever is later.
Displacees shall adhere to the 18-month deadline in which
to incur expenses and file claims unless TxDOT determines an extension
is reasonable, necessary, and does not adversely affect the project schedule.
This determination is not eligible for appeal.
Expeditious Payments
TxDOT shall review claims in an expeditious manner, and shall
promptly notify the displacee regarding any additional documentation
that is required to support the claim. Payment for a claim shall
be made as soon as feasible upon receipt of the requested supporting
documentation.