Authorizing Statute - 42 USC 4622

U.S. Code

Office of the Law Revision Counsel, U.S. House of Representatives
Home Search Download Classification Codification About

Go to 1st query term(s)

-CITE42 USC Sec. 4622

01/02/2006

-EXPCITETITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY
ASSISTED PROGRAMS
SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEADSec. 4622. Moving and related expenses

-STATUTE(a) General provision
Whenever a program or project to be undertaken by a displacing
agency will result in the displacement of any person, the head of
the displacing agency shall provide for the payment to the
displaced person of (1) actual reasonable expenses in moving himself, his family,
file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (1 of 8)1/29/09 12:48:40 PM

U.S. Code

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 that
would have been required to relocate such property, as determined
by the head of the agency;
(3) actual reasonable expenses in searching for a replacement
business or farm; and
(4) actual reasonable expenses necessary to reestablish a
displaced farm, nonprofit organization, or small business at its
new site, but not to exceed $10,000.
(b) Displacement from dwelling; election of payments: expense and
dislocation allowance
Any displaced person eligible for payments under subsection (a)
of this section 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) of this section may receive
an expense and dislocation allowance, which shall be determined
according to a schedule established by the head of the lead agency.
(c) Displacement from business or farm operation; election of
payments; minimum and maximum amounts; eligibility
Any displaced person eligible for payments under subsection (a)

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (2 of 8)1/29/09 12:48:40 PM

U.S. Code

of this section who is displaced from the person's place of
business or farm operation and who is eligible under criteria
established by the head of the lead agency may elect to accept the
payment authorized by this subsection in lieu of the payment
authorized by subsection (a) of this section. Such payment shall
consist of a fixed payment in an amount to be determined according
to criteria established by the head of the lead agency, except that
such payment shall not be less than $1,000 nor more than $20,000. A
person whose sole business at the displacement dwelling is the
rental of such property to others shall not qualify for a payment
under this subsection.
(d) Certain utility relocation expenses
(1) Except as otherwise provided by Federal law (A) if a program or project (i) which is undertaken by a
displacing agency, and (ii) the purpose of which is not to
relocate or reconstruct any utility facility, results in the
relocation of a utility facility;
(B) if the owner of the utility facility which is being
relocated under such program or project has entered into, with
the State or local government on whose property, easement, or
right-of-way such facility is located, a franchise or similar
agreement with respect to the use of such property, easement, or
right-of-way; and

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (3 of 8)1/29/09 12:48:40 PM

U.S. Code

(C) if the relocation of such facility results in such owner
incurring an extraordinary cost in connection with such
relocation;

the displacing agency may, in accordance with such regulations as
the head of the lead agency may issue, provide to such owner a
relocation payment which may not exceed the amount of such
extraordinary cost (less any increase in the value of the new
utility facility above the value of the old utility facility and
less any salvage value derived from the old utility facility).
(2) For purposes of this subsection, the term (A) "extraordinary cost in connection with a relocation" means
any cost incurred by the owner of a utility facility in
connection with relocation of such facility which is determined
by the head of the displacing agency, under such regulations as
the head of the lead agency shall issue (i) to be a non-routine relocation expense;
(ii) to be a cost such owner ordinarily does not include in
its annual budget as an expense of operation; and
(iii) to meet such other requirements as the lead agency may
prescribe in such regulations; and

(B) "utility facility" means -

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (4 of 8)1/29/09 12:48:40 PM

U.S. Code

(i) any electric, gas, water, steam power, or materials
transmission or distribution system;
(ii) any transportation system;
(iii) any communications system (including cable television);
and
(iv) any fixtures, equipment, or other property associated
with the operation, maintenance, or repair of any such system;

located on property which is owned by a State or local government
or over which a State or local government has an easement or
right-of-way. A utility facility may be publicly, privately, or
cooperatively owned.

-SOURCE(Pub. L. 91-646, title II, Sec. 202, Jan. 2, 1971, 84 Stat. 1895;
Pub. L. 100-17, title IV, Sec. 405, Apr. 2, 1987, 101 Stat. 249.)

-MISC1AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-17, Sec. 405(a)(1), inserted
introductory provisions and struck out former introductory
provisions which read as follows: "Whenever the acquisition of real
property for a program or project undertaken by a Federal agency in
any State will result in the displacement of any person on or after

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (5 of 8)1/29/09 12:48:40 PM

U.S. Code

January 2, 1971, the head of such agency shall make a payment to
any displaced person, upon proper application as approved by such
agency head, for - ".
Subsec. (a)(4). Pub. L. 100-17, Sec. 405(a)(2)-(4), added par.
(4).
Subsec. (b). Pub. L. 100-17, Sec. 405(b), substituted "an expense
and dislocation allowance, which shall be determined according to a
schedule established by the head of the lead agency" for "a moving
expense allowance, determined according to a schedule established
by the head of the Federal agency, not to exceed $300; and a
dislocation allowance of $200".
Subsec. (c). Pub. L. 100-17, Sec. 405(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "Any
displaced person eligible for payments under subsection (a) of this
section who is displaced from his place of business or from his
farm operation and 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 payment in an amount equal to
the average annual net earnings of the business or farm operation,
except that such payment shall be not less than $2,500 nor more
than $10,000. In the case of a business no payment shall be made
under this subsection unless the head of the Federal agency is
satisfied that the business (1) cannot be relocated without a

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (6 of 8)1/29/09 12:48:40 PM

U.S. Code

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 United States, which is engaged in the
same or similar business. For purposes of this subsection, the term
'average annual net earnings' means one-half of any net earnings of
the business or farm operation, before Federal, State, and local
income taxes, during the two taxable years immediately preceding
the taxable year in which such business or farm operation moves
from the real property acquired for such project, or during such
other period as the head of such agency determines to be more
equitable for establishing such earnings, and includes any
compensation paid by the business or farm operation to the owner,
his spouse, or his dependents during such period."
Subsec. (d). Pub. L. 100-17, Sec. 405(d), added subsec. (d).

EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-17 effective on effective date provided
in regulations promulgated under section 4633 of this title (as
amended by section 412 of Pub. L. 100-17), but not later than 2
years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set
out as a note under section 4601 of this title.

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (7 of 8)1/29/09 12:48:40 PM

U.S. Code

Home Search Download Classification Codification About

Office of the Law Revision Counsel, U.S. House of Representatives

file:///H|/ICB%20Work/Relocations%20-%201084-0010/42%20U.S.C.%204622.htm (8 of 8)1/29/09 12:48:40 PM