Title 9 Part 480

The law stated above provides that the Superintendent of State Police, with the approval of the Director of the Budget, shall establish and may amend rules and regulations authorizing the payment of reasonable and necessary moving expenses of occupants of property acquired pursuant to such laws and may provide for a schedule of payments in fixed amounts, in lieu of payments of reasonable and necessary actual moving expenses. The following rules and regulations shall apply to making relocation payments to eligible persons for their moving expenses caused by their displacement from real property acquired pursuant to such laws.

For the purposes of this Part, the following terms shall mean:

Any individual, family, business concern (including the operation of a farm), and nonprofit organization to be displaced by the acquisition and use of the property by the State who were occupants prior to the date of State taking possession of such property.

Any payment made to eligible persons for their moving expenses for moving personal property, exclusive of trade fixtures, caused by their displacement from real property acquired by the State pursuant to the above mentioned laws and for which reimbursement or compensation is not made as part of the compensation for the real property under an agreement of adjustment or a court award.

A person who is not a member of a family as hereinafter defined (considered as a “family” for the purposes of this Part).

Two or more persons who are living together in the same quarters.

A corporation, association, partnership, individual or other private entity, engaged in a business or professional activity requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business or profession on the premises.

A corporation, partnership, individual or other private entity, engaged in a business, professional or institutional activity on a nonprofit basis requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business, profession or institution on the premises.

The operation of a parcel of land (or parcels operated as a single unit) which is used for the production of one or more agricultural commodities for sale and home use and which customarily produces or is capable of producing such commodities in sufficient quantity to contribute materially to the operator's support, including the operation of stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, and greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities.

Cost of dismantling, disconnecting, crating, loading, insuring, temporary storage not in excess of six months, transporting, unloading, reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations or other physical changes in or to any structure in connection with effecting such reinstallation.

Counted rooms shall be that space in a building or structure containing a substantial and usual quantity of household furniture and equipment and personal property. They shall include such space as basements, cellars, recreation rooms, living rooms, libraries, studios, dining rooms, kitchens, laundry rooms (when containing mechanical equipment such as washers and dryers) enclosed sun porches (when they contain furniture, household equipment and personal property comparable to a room), bedrooms, attics (when they contain substantial storage of household equipment and furniture and personal property), also garages, out buildings and play houses (when they contain storage of household or garden equipment, furniture and personal property). Foyers and alcoves will be counted as one-half rooms when they contain furniture and household equipment. Combination living rooms-dining rooms and kitchen-dinettes shall be considered one and one-half counted rooms. Vestibules, bathrooms, and powder rooms shall not be considered counted rooms.

Application for payment of moving expenses shall be made to the superintendent upon forms prescribed by him and shall be accompanied by such information and evidence as he may require and payment of such will be made to eligible persons under the circumstances and to the extent set forth below:

Number of counted rooms Amount 1 $ 45 1 ½ 54 2 63 2 ½ 72 3 81 3 ½ 88 4 95 4 ½ 102 5 108 5 ½ 115 6 122 6 ½ 129 7 $135 7 ½ 142 8 149 8 ½ 156 9 162 9 ½ 169 10 176 10 ½ 183 11 189 11 ½ 196 12 203 12 ½ 210 13 $216 13 ½ 223 14 230 14 ½ 237 15 243 15 ½ 250 16 257 16 ½ $264 17 270 17 ½ 277 18 284 18 ½ 291 19 297 19 ½ & over 300

Moving expenses for business concerns, nonprofit organizations and operation of a farm will be on actual costs based upon receipted bills from recognized movers or in the case of an owner or tenant performing the moving himself, it would be on an actual cost of hiring equipment and personnel at prevailing rates in the community for that type of equipment and personnel. All books and records kept by the owner or tenant shall be subject to review and audit by a State representative during reasonable business hours all of which shall be documented in forms agreeable to the Superintendent of Public Works [sic]. Such moving costs shall not include the moving of any fixtures or equipment that were considered as part of the realty in acquisition of the premises and likewise such costs shall not include any charges at the new location for electric wiring, or plumbing nor for the remodeling, redecorating or reinforcing of the new structure to accommodate the equipment or stock of the individual business concern, nonprofit organization or in the operation of a farm. Whenever moving is performed by a licensed mover operating under regulatory authority, the amount paid as reimbursement for actual moving expenses shall not be in excess of the tariffs filed by such mover with either the Interstate Commerce Commission or the State Public Service Commission as the case may be.