3.6 ACQUISITIONS AND RELOCATIONS

3.6.1 Existing Conditions

The beltway alternatives cross a predominately rural area dominated by production agricultural and agricultural residential land uses.

3.6.2 Impacts of the Four Finalist Alternatives

Acquisition of new right-of-way will be required for the beltway alternatives. Property owners of land acquired will be paid fair market value for property taken and damages accrued. If both the south and east beltways are constructed, the alternatives are expected to require the acquisition of up to 13 residential properties (including some farmsteads) that will result in the displacement of the occupants from their residences. In addition, there are two business displacements--Major Oil Company along SM-4 and Stevens Creek Storage along EF-1. Some of the farmsteads may also qualify as a business displacement. Table 3.6 lists required acquisitions and relocations for the four finalist alternatives.

With few exceptions, the parcels affected are primarily owner occupied, and do not affect minority or low-income populations. Several of the parcels are occupied by elderly individuals.

3.6.3 Proposed Mitigation

All right-of-way acquisition will be handled in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. In addition, relocation assistance for all eligible residential and business relocatees would be provided without discrimination, through the Nebraska Relocation Assistance Act as required by federal and state laws (Neb. Rev. Stat. Section 76-1214 et seq.).

A Relocation Assistance Program will be offered to all who are displaced by the project. This program is designed to provide advisory assistance to all displacees and under many circumstances, to make payments to help offset some of the expenses and costs experiences by those who are displaced.

¹ From the records of the Lancaster County Assessors Office

Residential Relocations. The following residential relocation payments can be made under certain conditions.

• Moving cost payments
• Replacement housing payments
• Incidental expenses payments
• Mortgage differential payments
• Tax differential payments

No person shall be displaced from their residence unless a comparable replacement dwelling is available or provided for the displaced occupant.

Rural residential farmsteads may either be occupied by tenants; owned and occupied by non-farmers; or owned and occupied by someone in the business of farming at the location of the dwelling. When acquisition is partial, affecting only the farm home occupied by someone in the business of farming at the location of the dwelling, consideration will be given to providing replacement housing in the form of new construction on the remaining land, so as not to separate the owner of the business from his/her business operation.

For the beltway project, a worst case scenario would require relocation of 13 residences at the same time if SM-4 and EF-1 were built together. In January 2001, the Lincoln Board of Realtors Multiple Listing Service listed approximately 49 rural residences ranging from 1 to 10 ha (2 to 25 acres), and $150,000 to $300,000 in price (Table 3.7). This number of residences on the market is considered average for Lancaster County, but could increase during spring and summer when, in general, more houses are put on the market. The available housing appears to be an adequate amount to handle relocations for the beltway; however, it may take adequate lead time to successfully relocate all occupants. In addition, if relocations exceed payment limits then last resort housing provisions will be implemented to ensure that all displaced occupants will have comparable, decent, safe and sanitary housing available to them.

Business Relocations. A displaced business would be offered a Relocation Assistance Program that meets all the criteria under federal and state laws governing displacements on publicly financed projects. This program is designed to offer advisory services and under many circumstances, to make payments to help offset some of the expenses and costs experienced by those who are displaced.

The following relocation payments can be made for businesses, provided certain conditions are met:

• Moving cost payments,
• Searching cost payments,
• Actual direct loss of personal property,
• Reestablishment expenses for small businesses, or
• Fixed payment, based on income, in lieu of the previous payments.

Acquisition and Relocation Payment Provisions. Following an appraisal, property owners would be offered and paid no less than fair market value for their residential or commercial property. This payment would be through fee simple acquisition. In addition, the Relocation Assistance Act would provide displaced persons and businesses with various types of payments related to moving. The length of occupancy would determine eligibility for certain replacement housing benefits, but moving costs would be available to all persons regardless of length of occupancy, provided they are in occupancy as of the date of acquisition.

3.6.4 No Build Alternative

The no build alternative will require no acquisitions or relocations, other than that required for construction of the proposed future roadway network improvements.