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Presentations of Uniform Act Final Rule Implementation

Relocation Planning Nonresidential (cont.)

Notes:

For nonresidential relocation (primarily businesses), the personal interview requirement is expanded to include, at a minimum, a six specific items. (Please refer to the Instructional Guide for additional topical suggestions for consideration during the business interview.) The rule reads as follows:

"This shall include a personal interview with each business. At a minimum, interviews with displaced business owners and operators should include the following items:

(A) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.

(B) Determination of the need for outside specialists in accordance with § 24.301(g)(12) that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.

(C) For businesses, an identification and resolution of personalty/realty issues. Every effort must be made to identify and resolve realty/personalty issues prior to, or at the time of, the appraisal of the property. * This ties back to Subpart B requirement for determination in appraisal. Note to instructor: refer class to earlier discussion of this in the appraisal requirements in Subpart B, § 24.103(a)(2)(i). The appraiser is to identify realty/personalty items and Appendix A.

(D) An estimate of the time required for the business to vacate the site.

(E) An estimate of the anticipated difficulty in locating a replacement property.

(F) An identification of any advance relocation payments required for the move, and the agency's legal capacity to provide them."

The new interview provisions are solely in the rule with no additional language in Appendix A. Again, many of these came from the National Business Relocation Study published by FHWA in 2002.

Updated: 04/02/2013
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