Relocation of Individuals and Businesses

General
Any LG project requiring an individual or business to move, or requires an individual or business to move their personal property, will necessitate that the LG provide relocation assistance complying with the requirements of the
Uniform Act
and
49 CFR Part 24
. Relocation assistance consists of two major elements – advisory services and financial assistance. These activities can have considerable impacts on project budgets and timing and should be planned for accordingly. Any relocation assistance program must strive to ensure all displaced persons are treated fairly, consistently and equitably, and to ensure those displaced persons do not suffer disproportionate negative impacts as a result of the project.
TxDOT’s
ROW Relocation Assistance Manual
and ROW staff can offer further clarification and guidance on questions regarding interpretation and implementation of the
Uniform Act
and
49 CFR Part 24
. If the LG does not have qualified staff to perform the required functions, it is recommended the LG obtains the services of a qualified consultant. Failure to comply with the requirements of the Uniform Act and 49 CFR Part 24 can result in a loss of federal participation in the entire cost of the project. In addition to the requirements the Uniform Act,
49 CFR §24.8
lists many related federal laws with which a successful LG program must be in compliance. Notably among these are
Title VIII of the Civil Rights Act of 1968
(commonly known as the Federal Fair Housing Law) and
Title VI of the Civil Rights Act of 1964
.
Federal Requirements
  1. Title II
    and
    Title III
    of the
    Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
    – Requires all projects involving the purchase of right of way using state or federal funds, or which are on the state highway system, to meet the requirements of this Uniform Act and amendments thereto.
  2. 49 CFR Part 24
    – Provides specific rules pertaining to real property acquisition and relocation matters. The purpose of this part of federal regulations “is to promulgate rules to implement the Uniform Act,” which is referenced above.
State Requirements
  1. Texas Property Code §21.046
    – Requires a LG to establish a relocation compatible with the Uniform Act, as amended.
Required Practices
The relocation of individuals and businesses is a specialized and complex subject. The LG should coordinate early with TxDOT ROW and use the procedures described in the
LGPM Guide
.