The following written notices shall be furnished each displaced person to insure he is fully informed of the benefits and services available to him.
(1) Notice of displacement.
- (A) Owner-occupants. At the initiation of negotiations for the property, the owner shall be furnished a written explanation of the eligibility requirements to receive relocation payments relative to his acquired business or dwelling unit. The notice to an owner-occupant of a dwelling for more than 180 days will include his entitlement to payments for replacement housing, incidental expenses resulting therefrom, any increased interest costs required for financing a replacement dwelling and of his option to rent if he so desires. In addition, all owner-occupants will be provided with a copy of the state's relocation brochure and an explanation of the relocation services available and where they may be obtained.
- (B) Tenants. Within seven days after the initiation of negotiations for the purchase of the property, each tenant shall be furnished a written statement which includes the date of initiation of negotiations for the property and an explanation of the eligibility requirements to receive applicable relocation benefits. In addition, each tenant will be provided with a copy of the state's relocation brochure and an explanation of the relocation services available and where they may be obtained.
- (2) Notice of replacement payments. The amount of the replacement housing payment to which a displaced person is entitled will be furnished him near the time he will be actively looking for replacement housing. The amount of the payment shall be based on a replacement dwelling comparable to that from which he was displaced and will be sufficient to relocate him as nearly as possible to his original ownership or tenancy status if that is his desire. If alternate ownership/tenancy status is desired by the displacee an alternate payment will be computed and offered when feasible.
(3) Notices to vacate. To the greatest extent practicable no person lawfully occupying real property shall be required to move from a dwelling, or to move his business or farm operation without at least 90 days written notice of the intended vacation date. Normally, the state will provide the displacee with two notices described as follows.
- (A) Ninety-day notice. This notice may be given on or after the initiation of negotiations for the property. It shall include a statement that the displacee will not be required to move from his dwelling, business or farm before 90 days from the date of the notice. The notice shall also inform him that he will be given a 30 day written notice specifying the date by which the property must be vacated.
- (B) Thirty-day notice. This notice shall specify the date by which the property must be vacated. It will not be given until such a time as the State has control of the property. Notices are not required if an occupant moves on his own volition prior to the time such notices are given.
- (4) Notice of right to review. All eligible relocatees shall be furnished a written notice of their right to a review by the district engineer and the department's Relocation Review Committee if they are dissatisfied with relocation payment amounts and the procedures to follow in requesting such a review.
Source Note:The provisions of this §21.113 adopted to be effective January 1, 1976.