§ 37-6.1-3. Purposes for which payments made.
(a) Payments for actual expenses. Upon application approved by the department of transportation, a person displaced
by any state highway project may elect to receive actual reasonable expenses in moving
him or herself, his or her family, his or her business, or his or her farm operation,
including personal property, for a reasonable distance.
(b) Optional payments — Dwellings. Any displaced person who moves from a dwelling who elects to accept the payments
authorized by this subsection in lieu of the payments authorized by subsection (a)
of this section m
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§ 37-6.1-3. Purposes for which payments made.
(a) Payments for actual expenses. Upon application approved by the department of transportation, a person displaced
by any state highway project may elect to receive actual reasonable expenses in moving
him or herself, his or her family, his or her business, or his or her farm operation,
including personal property, for a reasonable distance.
(b) Optional payments — Dwellings. Any displaced person who moves from a dwelling who elects to accept the payments
authorized by this subsection in lieu of the payments authorized by subsection (a)
of this section may receive:
(1) A moving expense allowance determined according to a schedule established by the director
of transportation, not to exceed two hundred dollars ($200); and
(2) A dislocation allowance of one hundred dollars ($100).
(c) Optional payments — Business and farm operations. Any displaced person who moves or discontinues his or her business or farm operation
who elects to accept the payment authorized by this subsection in lieu of the payment
authorized by subsection (a) of this section, may receive a fixed relocation payment
in an amount equal to the average annual net earnings of the business or farm operation,
or five thousand dollars ($5,000), whichever is the lesser. In the case of a business,
no payment shall be made under this subsection unless the director of transportation
is satisfied that the business (i) cannot be relocated without a substantial loss
of its existing patronage, and (ii) is not part of a commercial enterprise having
at least one other establishment not being acquired by the state, which is engaged
in the same or similar business. For purposes of this subsection, the term "average
annual net earnings� means one half (½) of any net earnings of the business or farm
operation, before taxes on income or gross receipts, during the two (2) taxable years
immediately preceding the taxable year in which the business or farm operation moves
from the real property acquired for the project, and includes any compensation paid
by the business or farm operation to the owner, his or her spouse, or his or her dependents
during the two (2) year period.