§ 76-1221 — Displaced person, defined

(1) Displaced person means:
(a) Any person who, on or after April 2, 1989, moves from or moves his
or her personal property from real property as a result of a written notice of the
intent to acquire, the initiation
of negotiations for, or the acquisition of such real property, in whole or in part, for
a publicly financed project;
(b) Any person who, as a result of a publicly financed project, moves
from or moves his or her personal property from real property on which such
person is a residential tenant, conducts a small business as defined by criteria
established by the lead agency which are consistent with regulations adopted
and promulgated by the United States Department of Transportation under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, 42 U.S.C.
4601 et seq., as amended, conducts a farm operation, or conducts
a business, as a direct result of rehabilitation, demolition, or other displacing
activity when such displacement is permanent; or
(c) Solely for purposes of sections 76-1228 , 76-1229 , and 76-1238 , any
person who moves from or moves his or her personal property from real property
as a direct result of (i) 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 or (ii) the rehabilitation, demolition, or other
displacing activity of other real property on which such person conducts a
business or a farm operation, when such displacement is permanent.
(2) Displaced person does not include:
(a) A person who is determined by the displacing agency to
be in unlawful occupancy of the real property prior to
or after the initiation of negotiations for acquisition of the real property
or a person who has been evicted for cause;
(b) In any case in which the displacing agency acquires
property for a publicly financed project, any person who occupies such property
on a rental basis after the property has been acquired by the displacing agency
or for a period subject to termination when the property is needed for the
project;
(c) A person who moves
before the initiation of negotiations for acquisition of the real property
unless the agency determines that the person was displaced as a direct result
of the program or project;
(d) A person who initially enters into occupancy of
the property after the date of its acquisition for the project;
(e) A person who has
occupied the property for the purpose of obtaining assistance under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 U.S.C. 4601 et seq., as amended;
(f) A person who is not required to relocate permanently
as a direct result of a project;
(g) An owner-occupant who moves as a result of the
rehabilitation or demolition of the real property or an owner-occupant who
moves as a result of an acquisition of real property when the acquisition
of the real property meets all the following conditions:
(i) No specific site
or real property needs to be acquired, although the agency may limit its search
for alternative sites to a general geographic area;
(ii) The real property to be acquired
is not part of an intended, planned, or designated project area where all
or substantially all of the real property within the area is to be acquired
within specific time limits;
(iii) The agency will not acquire the real property
if negotiations fail to result in an amicable agreement and the owner is so
informed in writing; and
(iv)
The agency informs the owner in writing of what it believes to be the market
value of the real property.
Subdivision (g) of this subsection does not apply
to any tenant who must move as a direct result of the acquisition, rehabilitation,
or demolition of real property;
(h) An owner-occupant who moves as a result of an
acquisition of real property when the acquisition of the real property is
for a program or project undertaken by an agency or person that does not have
authority to acquire real property by eminent domain, if such agency or person:
(i) Prior to making an
offer for the real property, clearly advises the owner that it is unable to
acquire the real property if negotiations fail to result in an agreement;
and
(ii)
Informs the owner in writing of what it believes to be the market value of
the real property.
Subdivision
(h) of this subsection does not apply to any tenant who must move as a direct
result of the acquisition of real property;
(i) A person who the agency determines is not displaced
as a direct result of a partial acquisition;
(j) A person who, after receiving
a notice of the intent to acquire, the initiation of negotiations, or the
acquisition of the real property, is notified in writing that he or she will
not be displaced for a project;
(k) A person who retains the right of use and occupancy
of the real property for life following its acquisition by the agency;
(l) Tenants required
to move as a result of the sale of their dwelling to a person using downpayment
assistance authorized by section 102 of the American Dream Downpayment Act,
42 U.S.C. 12821, as amended; or
(m) A person who has otherwise been determined to
be ineligible for relocation assistance pursuant to rules and regulations
adopted and promulgated according to law by the lead agency and consistent
with 49 C.F.R. 24.208, as amended.

Legislative History

Source: Laws 1989, LB 254, § 8; Laws 2011, LB167, § 1.