As used in this article, unless the context otherwise
requires:
(1) Business means any lawful activity, except a farm operation, conducted
primarily:
(a) For the purchase, sale, lease, and rental of personal and real property and
for the manufacture, processing, or marketing of products, commodities, or any
other personal property;
(b) For the sale of services to the public;
(c) By a nonprofit organization; or
(d) Solely for the purposes of section 24-56-103 (1), for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of products,
commodities, personal property, or services by the erection and maintenance of an
outdoor advertising display or displays, whether or not such display or displays are
located on the premises on which any of the activities described in this paragraph
(d) are conducted.
(1.2) Comparable replacement dwelling means any dwelling that is:
(a) Decent, safe, and sanitary;
(b) Adequate in size to accommodate the occupants;
(c) Within the financial means of the displaced person;
(d) Functionally equivalent;
(e) In an area not subject to unreasonably adverse environmental conditions;
and
(f) In a location generally not less desirable than the location of the
displaced person's dwelling with respect to public utilities, facilities, and services
and the displaced person's place of employment.
(2) (a) Displaced person means, except as provided in paragraph (b) of this
subsection (2):
(I) Any person who moves from real property or moves his personal property
from real property:
(A) As a direct result of a written notice of intent to acquire or the acquisition
of such real property in whole or in part for a program or project undertaken by a
displacing agency; or
(B) On which such person is a residential tenant or conducts a small
business, a farm operation, as defined in subsection (3) of this section, or a
business, as defined in subsection (1) of this section, as a direct result of
rehabilitation, demolition, or such other displacing activity as the department of
transportation may prescribe under a program or project undertaken by a
displacing agency in any case in which the displacing agency determines that such
displacement is permanent; and
(II) Solely for the purposes of sections 24-56-103 (1) and (2) and 24-56-106,
any person who moves from real property or moves his personal property from real
property:
(A) As a direct result of a written notice of intent to acquire or the acquisition
of other real property, in whole or in part, on which such person conducts a business
or farm operation, for a program or project undertaken by a displacing agency; or
(B) As a direct result of rehabilitation, demolition, or such other displacing
activity as the department of transportation may prescribe, of other real property
on which such person conducts a business or a farm operation, under a program or
project undertaken by a displacing agency where the displacing agency determines
that such displacement is permanent.
(b) Displaced person does not include:
(I) A person who has been determined, according to criteria established by
the department of transportation, to be either unlawfully occupying the
displacement dwelling or to have occupied such dwelling for the purpose of
obtaining assistance under this article.
(II) In any case in which the displacing agency acquires property for a
program or project, any person (other than a person who was an occupant of such
property at the time it was acquired) who occupies such property on a rental basis
for a short term or a period subject to termination when the property is needed for
the program or project.
(2.3) Displacing agency means the state or a state agency carrying out a
program or project or any person carrying out a program or project with federal
financial assistance which causes a person to be a displaced person.
(3) Farm operation means any activity conducted solely or primarily for the
production of one or more agricultural products or commodities, including timber,
for sale or home use and customarily producing such products or commodities in
sufficient quantity to be capable of contributing materially to the operator's
support.
(4) Nonprofit organization means any organization which is exempt from
the income tax imposed under article 22 of title 39, C.R.S.
(5) Person means any individual, limited liability company, partnership,
corporation, or association.
(6) State agency means any department, agency, or instrumentality of the
state or of a political subdivision of the state or any department, agency, or
instrumentality of two or more states, or two or more political subdivisions of the
state or states and also means any person who has authority to acquire property by
eminent domain under state law.