County of Hawai'i Displacement Plan

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7,_ 7 ''s Federal Register / Vol. 54, No. 40 / i MThursday, March 2, 1988 / Rules and Regulations 8935 a.m.. , t-owned improvement b the , : uu (b)The condemnation proceeding is a person's appElcatlon for assistance for amount which the Improvement abandoned by the Agency other than which a person may be eligible under + l oontributes to the fair market value of under an agreed-upon settlement:or this part. the whole Property or Its salvage value. (c)The court having jurisdiction ;; • •whichever is greater.(Salvage value is renders a u (b)Noose relocation relocationa stelto ice judgment in aunt of the Eligibility for assistance shall ;= ,' -' defined at f 24.2(e).) owner In an Inverse condemnadon begin on the date of Initiation of A t't (d)Special conditions.No payment proceeding or the Agency effects a negotiations(defined in f 24.2(k))for the • shall be made to a tenant-owner for any settlement of such proceeding. occupied property.When this occurs, ti. real property improvement unless: !24108 Doc>stlora. the Agency shall promptly notify all (1)The tenanl-ownee in consideration owner whose real r - occupants In writing of their eligibility for the payment.assigns,transfers,and property is , releases to the Agency all of the tenant- being acquired may,after being fully far applicable relocation assistance. it -' owner's right.title.and interest In the informed by the Agency of the right to (c)Ninely.daynotic --(i)General. improvement:and receive lust compensation for such No lawful occupant shall be required to • Ill The owner of the real Property on prat Y.donate such property or an move unless he or she has received at part y least 90 esadvance written notice of disclaims al[�Interest in the located compensation paid Interest therein. the any the earliest daysate by which he or she may improvement and Agcy as such owner shall determine. be requited Co move. (3J The payment does not result in the The Agency is responsible for assuring MI Muni. –4"notice.• he displacing duplication of any compensation that an appraisal of the real property is agency may issue the notice 90 days otherwise authorized by law obtained unless the owner releases the before It expects the person to be (e)Alternative compensation.Nothing Agency from such obligation.except as displaced or earlier. in this Subpart shall be construed to provided In f 24.102(c)(Z). (3)Content of notice.The 90-day notice shall deprive the tenant-owner of any right to as the earliest state whir specific date reject payment r, this Subpart andC—Gby to obtain payment for suchRstateoccuthat may be required to amicus.or interests in accordance with oth y I 24.201 Purpose. state the occupant will receive a applicable law. This Subpart prescribes general inad further notice indicating,at least Sts days f 24101 Incidental tot sr requirements governing thprovision of to or she must the move.Ic the date by which Ise or she move.If Sada of Ma to the Agency. relocation payments and other notice to issued before a comparable (a)The Owner of the real y relocation assistance In this part the replacement dwelling` �made svellable. shall be reimbursed for all ble must early that the Fusses the owner necessarily Mowed These requirements apply to the occupant will not have to move earlier any thane°days such (1)Recording fees.transfer tuxes, defined relocation I �person al made available..((Seee 12a4.d�(`�).)is documentary stamps,evidence of title, (4)Urgent'need In unusual boundary surveys,legal descriptions of 124.203 Macedon notices. circumstances,an occupant may be the real property.and similar expenses (a)General information notice.As required to vacate the property on less incidental to conveying the real property soon as feasible,a person scheduled to than 90 days advance written notice if to the Agency.However,the Agency is be displaced shall be furnished with a the displacing agency determines that a not required to pay costs solely required general written description of the 90-day notice is impracticable.such as to perfect the owner's title to the real displacing agency's relocation program when the person's continued occupancy Property:and which does at least the following: of the property would constitute a (2)Penalty costs and other charges for (1)Informs the person that he or she substantial danger to health or safety.A prepayment of any preexisting recorded may be displaced for the project and copy of the Agency's determination mortgage entered into in good faith generally describes the relocation shall be included in the applicable case encumbering the real property;and payment(s)for which the person may be file. (3)The pro rata portion of any prepaid eligible,the basic conditions of real property taxes which are allocable eligibility,and the procedures for f 24s0s Availability of comparable to the period after the Agency obtains obtaining the rep ement dwelling before displacement. title to the effective paYmeat(s}. property or tive (2)Informs the person that he or shit (a)general.No person to be displaced possession of it,whichever is earlier. will be given reasonable relocation shall be required to move from his or her (b)Whenever feasible,the Agency advisory services,including referrals to dwelling unless at least one comparable shall pay these costs directly so that the replacement properties,help In nog replacement dwelling(defined at owner will not have to pay such costs payment claims.and other necessary f 24.2(d))has been made available to and then seek reimbursement from the assistance to help the person the person.Where possible,three or A4encY• successfully relocate. more comparable replacement dwellings ♦a 24.w7 terolca (3)Informs the person that he or she shall be made available.A comparable litigation will not be required to move without at replacement dwelling will be considered The owner of the reel property shall least 90 days'advance written notice to have been made available to a be reimbursed for any reasonable (see paragraph(c)of this section),and Person.1f expenses,including reasonable attorney. informs any person to be displaced from (1)The person Is informed of its appraisal.and engineering fees,which a dwelling that he or she cannot be locatiom and the owner actually incurred because of a required to move permanently unless at (2)The person has sufficient time to condemnation proceeding.IE least one comparable replacement negotiate and enter Into a purchase (a)The fins)judgment of the court is dwelling has been made available. that the Agency cannot acquire the reel (4)Describes the person's right to agreementjor to eeso abs psaf e u ;and (3]Subject reasonable eafeguat,ds, property by condemned=or appeal the Agency's determination as to the person Is assured of receiving the