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§ 370.11. Moving and Related Expense Payments -General Provisions for All Relocated Individuals...


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 2. Department of Water Resources
Chapter 1.6. Relocation Assistance Program
Article 2. Relocation Payments
23 CCR § 370.11
§ 370.11. Moving and Related Expense Payments -General Provisions for All Relocated Individuals, Families, Businesses and Farms.
(a) Eligibility to Receive Moving Cost Payment.
(1) Any individual, family, business or farm operator is eligible to receive payment for the reasonable expenses of moving his personal property when
(A) He is in lawful occupancy at the initiation of negotiations for the acquisition of the real property; and
(B) He moves from the real property or moves his personal property from the real property subsequent to the date of initiation of negotiation; or,
(C) The real property is subsequently acquired.
(b) One Move Per Person. No moving expense payment will be made for more than one move of a displaced person except where found by the Department to be in the public interest and prior approval is secured.
(c) Payment Only After Move Completed. Moving expense payments shall be made only after the move has been accomplished except as provided in subsections (d) and (e) of this section.
(d) Payment in Advance. In case of undue hardship, payment of moving expenses to an eligible displacee may be made in advance of moving.
(e) Partial Payments. The Department may make partial payments of moving expense claims when such claims are based on the actual costs of moving, provided the amount of such partial payment does not exceed the actual cost incurred up to the time such payment is claimed.
(f) Payments Directly to Mover. By written prearrangement between the Department, the displaced person and the mover, a displaced person may present unpaid moving bills to the Department and the Department may pay the mover directly.
(g) Distance Limited to 50 Road Miles. The allowable expense for transportation shall not exceed the cost of moving 50 road miles measured from the point from which the move was made to the point of relocation via the most commonly used routes between such points.
In special cases where the Department determines that relocation cannot be accomplished within the 50 mile area, the allowable expense for transportation may be increased with the prior approval of the Department.
(h) Storage. When an actual expense basis is used and the Department determines that it is necessary for a relocated person to store his personal property for a reasonable time, not to exceed twelve months, the cost of such storage shall be paid as a part of the moving expense. Payment shall not be made for storage of personal property on the property being acquired or on other property owned by the relocatee. Storage expense shall not be paid where the displaced person elects payment under any of the schedules set forth in Section 370.12 (c) of this Article.
(i) Cost of Advertising for Bids. The expense incurred in advertising for packing, crating and transportation are reimbursable when the Department determines that such advertising is necessary. Payment of such expense shall be limited to complicated or unusual moves where advertising is the only practical method of securing bids.
(j) Inspection of Books and Records. All books and records kept by a displaced person as to actual moving expense incurred shall be subject to review and audit by a Department representative during reasonable business hours.
(k) Owner-Retained Dwellings. When an owner retains his dwelling, the cost of moving it onto the remainder or replacement land is not eligible as a part of the cost of moving personal property. If the owner chooses to use his dwelling as a means of moving personal property, payment shall be based on the schedules set forth in Section 370.12 (c) of this Article.
( l) Personalty Sold to Others. If a displaced person who is eligible to receive payment for moving expenses under subsection (a) of this Section sells, conveys, or transfers title to personal property located on real property acquired by the State to another person, such other person shall not be eligible to receive payment of moving expense except as provided for direct losses of tangible personal property in Section 370.13 (c) of this Article.
(m) Moves From Separate Property. Where the acquisition of real property used for a business or farm operation which is eligible for a payment under subsection (a) of this Section causes a person to vacate a dwelling or other real property separate from and not acquired by the State, or move his personal property from other real property separate from and not acquired by the State, said person is eligible for reimbursement of the appropriate moving expenses under Sections 370.12, 370.13(b), (c) and (d), 370.14 and 370.15.
(n) Moves From Partial Takings. Where only a portion of a larger parcel is acquired, a displaced person shall be eligible for moving expense payment only where the removal of his personal property from the property acquired is necessary and is not otherwise compensated.
(o) Insurance. The cost of insurance premiums covering the reasonable replacement value of personal property for loss and damage while in storage or transit is reimbursable.
(p) Removal and Reinstallation Expense. The expense of removal, reinstallation and reestablishment of machinery, appliances and other items of personal property which were not acquired by the Department, including reconnection of utilities to such items, and which does not constitute an improvement to the replacement site (except where required by law), are reimbursable. Such removal, reinstallation, reestablishment or reconnection costs or items classified as real property by the Department and which were retained by the owners, are not reimbursable.
Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 370.11, 23 CA ADC § 370.11
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