§ 45-31.2-3. Moving and related expenses.
(a) If a relocation agency acquires real property for public use, it shall make fair and
reasonable relocation payments to displaced persons and businesses as required by
this chapter, for:
(1) Actual reasonable expenses in moving him or herself, his or her family, business,
farm operation, or other personal property;
(2) Actual direct losses of tangible personal property as a result of moving or discontinuing
a business or farm operation, but not to exceed an amount equal to the reasonable
expenses required to relocate the property, as determined by the relocation agency;
and
(3) Actual reasonable expenses in searching for a replacement business or farm.
(b) Any displaced person eligible for payments under subsection (a), who is displaced
from a dwelling and who elects to accept the payments authorized by this subsection
in lieu of the payments authorized by subsection (a), may receive a moving expense
allowance, determined according to a schedule established by the relocation agency,
not to exceed the amount established by the federal law; and a dislocation allowance
of an amount established by federal law.
(c) Any displaced person eligible for payments under subsection (a), who is displaced
from his or her place of business or from his or her farm operation and who elects
to accept the payment authorized by this subsection in lieu of the payment authorized
by subsection (a), may receive a fixed payment in an amount equal to the average annual
net earnings of the business or farm operation, except that the payment shall not
be less than an amount established by the federal law nor more than an amount established
by the federal law. In the case of a business, no payment shall be made under this
subsection unless the relocation agency is satisfied that the business (1) cannot
be relocated without a substantial loss of its existing patronage, and (2) is not
a 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 federal, state, and local income
taxes, 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, or during another period that the agency determines to be more equitable
for establishing the earnings, and includes any compensation paid by the business
or farm operation to the owner, the owner's spouse, or the owner's dependents during
that period.