How are relocation costs determined?

In North Carolina, the statutory law for eminent domain sets out procedures for determining the cost of relocation expenses for individuals who are displaced from their homes or businesses as a result of the exercise of eminent domain. These procedures are designed to ensure that those persons receive fair and adequate compensation for the relocation costs they must incur. The condemnation or property rights acquisition agency must provide each person displaced with an estimate of the relocation expenses that they are eligible for based on the moving expenses and other incurred losses. This estimate must be provided as soon as practicable after the agency makes its determination to take the property or acquire the rights. Depending on the circumstances of the displacement, such as the distance to the new residence and the extent of the damage or destruction of the property, the relocation costs may include: moving and storage expenses, leasing payments for replacements, rental assistance, reimbursement for loss of real property value, and other expenses directly related to the displacement. The agency must also provide each person with a copy of the relocation advisory program and must consider any information the person provides concerning the amount of their relocation expenses. The agency must also provide assistance and other resources to the displaced persons to help them find comparable replacement housing or other property with similar characteristics. The agency must pay the relocation costs after making a finding that the costs are fair and reasonable. The amount of the payment must not exceed the estimate of the amount of the relocation expenses unless the person requests a review of the estimate. The determination of the reasonable and necessary expenses of relocation is ultimately decided by the court in the North Carolina Eminent Domain Proceedings.

Related FAQs

How does the government determine the public use of a taking?
What is the difference between condemnation and a regulatory taking?
How do I know if my property qualifies for eminent domain?
What is the difference between value for tax purposes and market value?
Who has the power of eminent domain?
What is condemnation?
Can I receive payment for relocation costs?
Who is responsible for determining the value of my property?
What is the difference between just compensation and just compensation plus interest?
What is a taking without compensation?

How are relocation costs determined?

Related FAQs

Related Blog Posts