Subject: INFORMATION: Request for Participation in State Required Relocation Payments
Date: November 22, 2000
From: Susan B. Lauffer, Director Office of Real Estate Services
Attn of: HEPR
To: Mr. Roberto Fonseca, Division Administrator
A copy of a request dated September 27, 2000, from Stuart Waymack, Virginia Department of Transportation, for a waiver of the requirements of 49 CFR pertaining to certain relocation payments is enclosed. We have advised Mr. Waymack that the Division will be responding to his request. Our guidance for a response to Mr. Waymack's request is as follows:
There is no need for a waiver:
The provisions in 23 CFR 710.203 (b) allow for participation in costs for acquisition activities, including relocation, incurred under the laws of a State. Mr. Waymack enclosed a copy of the revised Code of the Commonwealth of Virginia that provides for increases in the caps on reestablishment and the fixed (in lieu) payment for businesses. Payments made in accordance with Virginia's Code are eligible for Federal-aid participation for highway projects. Clarification of the intent of the regulations will be published in the near future. We would appreciate a copy of your response to Mr. Waymack.