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In some circumstances, the amount of property acquired by the condemning agency means that you may have to move. The Utah Relocation Assistance Act was created to offset some of the hardships associated with having to move from your home, business, or farm. Under the Act, if you are displaced or required to move because of a condemnation project, you may be eligible for reimbursable relocation costs, which can include actual moving expenses, and certain other costs depending on the type of property being acquired.
Residential. If you are the homeowner and you are displaced from your home, the relocation costs due may include the cost of replacement property if you must pay more for equivalent property than you received in just compensation. The reimbursable cost of replacement property is determined on several factors as governed by law. In addition to actual, reasonable and necessary moving expenses, relocation costs may also include interest rate penalties and other incidental costs of the move. In addition, the condemning agency will usually pay any transfer taxes, if any, and recording fees.
If you are displaced, whether you own or rent a home, the condemning agency is also required to offer you a comparable replacement dwelling that is safe and clean and reasonably close to your employment and public services. If one cannot be found for the compensation you received for your former residence, additional sums may be paid to you so that you can find an appropriate home. If you are a renter and cannot find an appropriate rental unit at the same or lesser rent, the condemning agency may provide you with other assistance, such as, a rental assistance payment.
Small Business or Family Farms. If you must move your small business or family farm, the condemning agency may provide relocation counseling services, which may include assisting you to identify replacement properties available on the private market located within the jurisdiction of the condemning agency. You are usually not required to move from your property until 90 days after receiving written notice that the move is required. Small business and family farms may also be eligible for moving expenses and reestablishment expenses.
Assistance with Relocation
If you are not satisfied with the relocation assistance offer, you may ask the Office of the Property Rights Ombudsman to appoint a mediator or an arbitrator to consider the issue, which it will do after you have attempted to resolve any disagreement using the condemning agency’s appeals procedures. If you are involved in a court action over the condemnation, the court could also consider relocation issues, but this is rare. Condemnation cases are usually limited to just compensation. Relocation issues are handled separately.
Any condemning agency that displaces the occupants of property under condemnation or the threat of condemnation may adopt rules and regulations explaining the procedures for compensating those who must relocate. If it does not, then it must follow the rules that have been adopted by the Utah Department of Transportation. Ask to see those regulations and call the condemning agency and/or the Office of the Property Rights Ombudsman with any questions that you may have.
Additional Links
These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.