§ 8-23-17-12 — Payments; applicable provisions

The following provisions apply to payments
by the department of transportation under this chapter:
(1) A payment by the department under section 13(3) or 14 of this
chapter may not exceed the maximum allowances provided by
federal law for persons displaced by federal programs or projects.
(2) A payment by the department under section 15 of this chapter
must be in the amount of the allowance provided by federal law
for persons displaced by federal programs or projects.
(3) In addition to payments otherwise authorized by this chapter,
the department shall make a payment to or for a person who is
displaced from a dwelling actually owned and occupied by the
displaced person for not less than one hundred eighty (180) days
before the initiation of negotiations for the acquisition of the
property. This payment may not exceed the maximum allowances
provided by federal law for persons displaced by federal programs
or projects and must include the following elements:
(A) The amount, if any, that when added to the compensation
for the dwelling acquired by the department equals the
reasonable cost of a comparable replacement dwelling that is a
decent, safe, and sanitary dwelling adequate to accommodate
the displaced person, reasonably accessible to public services
and places of employment, and available on the private market.
(B) The amount, if any, that will compensate the displaced
person for any increased interest costs that the person is
required to pay for financing the acquisition of any comparable
replacement dwelling. The amount shall be paid only if the
dwelling acquired was encumbered by a bona fide mortgage
that was a valid lien on the dwelling for not less than one
hundred eighty (180) days before the initiation of negotiations
for the acquisition of the dwelling. The amount must be equal
to the excess in the aggregate interest and other debt service
costs of that amount of the principal of the mortgage on the
replacement dwelling that is equal to the unpaid balance of the
mortgage on the acquired dwelling over the remaining term of
the mortgage on the acquired dwelling, reduced to discounted
present value.
(C) Reasonable expenses incurred by the displaced person for
evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not
including prepaid expenses.
The additional payment authorized by this section shall be made
only to a displaced person who purchases and occupies a
replacement dwelling, which is decent, safe, and sanitary, not
later than the end of the one (1) year period beginning on the date
on which the displaced person receives final payment of all costs
of the acquired dwelling or moves from the acquired dwelling,
whichever is later.
(4) In addition to payments otherwise authorized by this chapter,
the department shall make a payment to or for any person
displaced from any dwelling not eligible to receive a payment
under subdivision (3) if the dwelling was actually and lawfully
occupied by the displaced person for not less than ninety (90)
days before the initiation of negotiations for acquisition of the
dwelling. The payment must be either:
(A) the amount necessary to enable the displaced person to
lease or rent for a period not to exceed four (4) years a decent,
safe, and sanitary dwelling of standards adequate to
accommodate the person in areas not generally less desirable in
regard to public utilities and public and commercial facilities,
and reasonably accessible to the person's place of employment,
but not to exceed the maximum amount provided by federal law
for persons displaced by federal programs or projects; or
(B) the amount necessary to enable the person to make a down
payment (including incidental expenses described in
subdivision (3)(C)) on the purchase of a decent, safe, and
sanitary dwelling of standards adequate to accommodate the
person in areas not generally less desirable in regard to public
utilities and public and commercial facilities, in the amount and
on the conditions provided by federal law for persons displaced
by federal programs or projects.

Legislative History

As added by P.L.18-1990, SEC.226.