County of Hawai'i Displacement Plan

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„,,:,, ';,d.4:- - ':',1.:2.7- faders' Register / Vol. 54. No. 40 / Thursday, March 2. 1989 1 Rules and Regulations rf -.: , prganizations to range from Conference Report.that utilities would use than the"date the displacing n obligation �- Wi �gep,0Q0 hexed on criteria continue to pay those ordinary age c7►`s under 124.204 is -' - bu�esses.i.e.the average relocation costs within their reasonable met”and has been retained where to =j` , revenue fore years minus contemplation as occupants of local feasible. . „ e nses. Ma procedure will rights-of-way • • '"FHWA believes Section 24.401(d).'Thirty-one equitable for nonprofit the language of this section will allow a comments were received concerning the �*dons. utility company to present its case for method for computing increased i. :,,.',$*'.,-.a 24308(e1 Average annual net those expenses which it considers to be mortgage interest payments.The b� of a business ar farm "not routine or predictable"and not commenters were about evenly split iron.Several comments were ordinarily budgeted as operating between preference for the buydown method aspresented in the bodyof the *e-,,,m.-,ved about the computation of expenses. 4i, ;• . annual net earnings when Four comments urged removal of the NPRM.and the buydown method -..'1.,,e;- ,ass or farm operations suffer a net provision which would exclude from presented in the preamble.A few f;•,174, .- For any year.'lhere are several extraordinary expenses those expenses wanted the option of using the former „, to compute net losses.Some which the utility company has explicitly annuity or amortization method if it , es have used"0”if the net and knowingly agreed to bear as ashouldprove less expensive for the 7' Svgs result in a t loss.Other condition for use of the right-of-way. . Agency- '..." duse e tba actual neout toss figure. Again the language of the rule The dismission'in favor of the " mer method is acceptable if used represents the clear intent of Congress simplified buydown method presented ,-f...neon*by a funding agency. as expressed In the Conference Report in the preamble emphasized the cost- accompanying the 1987 Amendments. savings and time-savings to the Agency. 24,307 Discretionary utilityWhile we are co ant of the end the ability of a displaced person to Relocation 1a'menta concerns presented by the public utility plan his or her replacement housing A few respondents urged that the industry.we believe this rule dearly purchase knowing the full amount of reimbursement of extraordinary expresses the intent of Congress,and.as payments to which such person la . expenses be made mandatory.while a consequence.jj 24.30704 is unchanged. entitled.The view of these commenters r. several others indicated the should ba Subpart t3—Replacement hawing was that this would not create a 6 riven the displacing agency r0. retained.The discretionary language. payments windfall because the displaced personstill had to acquire a decent.safe.and .,'. "the displacing agency may.at its Section 24.401 Replacement Housity sanitary replacement dwettin$to be option."has been retailed because the payment for180-,pay Homeowner- eligibly:only the financing terms were 1987 Amendments and the Conference occupants his or her choice.Several comments Report accompanying them are quite[--, ware also made that the displaced V intended to be Section 24.401(x)(2).Several dear that this payment comments were received about the person could readily understand the displacing. at the discretion.or option,ad the extension of eligibility for a replacement concept that subtend.rate at less than agency.makeIt would not be housing payment beyond one year for current market Interest rates was an appropriate to which mandatory eaby good cause.In response.the meaning of asset and the computed payment was i regulation that was left clearly forgood cause"has been amplified in related to this fact. permissive by statute. On the other hand,those comments Section is objected.A number of the appendix. that the language the body of respondents to the language in Section 2f.401(a)(2Ni).Comments the favoredPRM were laconcarne in that a the NPRM which requires that State or were received about the appropriate windfall would be created if a person local reimbursement be"permitted by „start"date for the one-year eligibility State statute."The principal thrust of for a replacement housing payment in paid cash for the replacement dwelling the objections was that this language the case of condemnation.In response or assumed an existing mortgage at a meant that unless there was a specific FHWA has clarified that the one-year lower interest rate than the computed State statute permitting the payment.no period starts when the full amount of rate.There was also a question of the payment could be considered.FHWA estimated just compensation is legality for the preamble alternate.and agrees that the proposed language could deposited in the court.This may be the concern that making the payment be subject to misinterpretation and have Agents Proffer amount or a available on terms other than those revised the subsection.to provide that commissioners'award.if appropriate.In actually used in the purchase of a reimbursement must be"in accordance either case.the Agency does not need to replacement dwelling would not satisfy with State law."This conforms to the delay the one-year start date until final the statutory language. 1 clear intent of Congress.as expressed in adjudication. FHWA has elected to retain the the Conference Report that Section 24 401(a)(2JI(li).This section procedure in the body of the NPRM.This accompanied the 1957 Amendments. has been changed to conform with the procedure a requires that an estimate of Section 24.3Q7(b)Extraordinary amendments of section 203(a)(2)of the the amount of the payment be provided expenses.Six comments expressed Uniform Act made by section 409(5)of to the person.Such estimate shall be concern with this section's definition of the 1987 Amendments.Several based on the current prevailing rate for "extraordinary expenses."Three of the co>nvenb were received about the fixed-rata mortgages and subsequent comments recommended changes which differences between the criteria for payment based on the actual mortgage would permit certain expenses,even eligibility for 180 day owner-occupants terms obtained.This process will though ordinarily budgeted.to be and 90 day owner-occupants and require advisory services to the considered as"not routine or tenants.The change in criteria for 180 displaced person to enable such person predictable expenses"and.therefore. day owner-occupants is statutory.There to be prudent in the financing of his or qualify as"eoctraordlnary expenses' is no requirement that changes be made her replacement dwelling. FHWA has not adopted there in cited'for 90 day owner.occupents In response to comments received. • recommendetldos.lt Is Ilse expressed and tenants.The gab the displaced , FHWAIIss revised 12Ub1(d,2), 11 - - bleat of bred hilts- m person cveirl a spat crltedon to ` adopting the language in I tilo' -'.14?-72-.:!1;P:,r� r