How are relocation costs determined?

Relocation costs for persons displaced by an eminent domain proceeding in Nebraska are determined according to the Nebraska Eminent Domain Procedure Act (NEDPA). Generally, the NEDPA provides that an owner of real property is entitled to relocation assistance in the form of reimbursement of reasonable expenses related to any relocations, moving and storage of personal property, and replacement housing costs. The NEDPA sets forth the guidelines for the determination of these costs. The Nebraska Department of Transportation (NDOT) has also established guidelines for determining the relocation costs. These guidelines define the relocation payments and reimbursement that may be granted to homeowners, tenants, and business owners whose property is needed for transportation projects. The NDOT’s relocation guidelines provide guidance on determining the amount of money necessary to cover the relocation costs of those affected by the taking of their property. For homeowners, the NDOT considers reimbursement for the costs of moving, reasonable amounts for temporary housing, reasonable amounts for storage of personal property, and reasonable amounts for replacement housing costs. The NDOT considers reimbursement for closing and travel costs, replacement housing counseling services, and reasonable replacement furniture and appliance costs for homeowners. Lastly, the NDOT considers reimbursement for replacement of real property for homeowners, such as the cost of a new home plus a reasonable amount for additional construction costs. For tenants, the NDOT guidelines provide assistance for the costs of moving, temporary housing, storage of personal belongings, and search for a new place to live. The NDOT also provides financial assistance for security deposits, substantially equivalent housing, and replacement furniture and appliances for tenants. In determining the relocation costs, the NDOT considers the time and resources necessary to complete the relocation as well as the reasonable costs involved. As such, exact costs may vary depending upon a given situation.

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