County of Hawai'i Displacement Plan

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in. ;,: Federal Register f Vol. 54. No. 40 I Thursday. March Z. 1989 f Rules and Regulations 8859 t'"'x receive a payment,cot to exceed (b) Ineligible expenses.g' The following payment to a nonprofit organization, -1iY $io.000.for expenses actually incurred is a nonexclusive listing of shall equal the average annual net in relocating and reestablishing such reestablishment expenditures not earnings of the business,as computed in small business,farm or nonprofit considered to be reasonable.necessary, accordance with paragraph(e)of this ik R. organization at a replacement site. or otherwise eligible: section.but not less than$1,000 nor (e)Eligible expenses.Reestablishment (1)Purchase of capital assets, such as, more than$20,000,The displaced • expenses must be reasonable and office furniture,filing cabinets, business is eligible for the payment if necessary,as determined by the machinery,or trade fixtures. the Agency determines that: Agency.They may include,but are not (2)Purchase of manufacturing (1)The business owns or rents limited to,the following: materials,production supplies,product personal property which must be moved (1)Repairs or improvements to the inventory,or other items used in the in connection with such displacement replacement real property as required normal course of the business operation. and for which an expense would be by Federal.State or local law,code or (3)Interior or exterior refurbishments incurred is such move.and.the business ordinance at the replacement site which ars far vacates or relocates from its (2)Modifications to the replacement aesthetic purposes,except as provided displacement site. property to accommodate the business In paragraph(aK5)of this section. (2)The business cannot be relocated operationor it make refar (4)Interest an moneybo rowed to without a substantial loss of its existing structurest suitable far conducting the business. make the move or purchase the patronage(clientele or net earnings).A (3)Construction and installation replacement property. business is assumed to meet this test costs,not to exceed$1.500 for exterior (5)Payment to a part-time business in unless the Agency determines that it signing to advertise the business. the home which does not contribute seal not suffer a substantial loss of its (4)Provision of utilities from right-of- =tarts-BY to the household income. existing patronage;and way to improvements on the (31 business is not part of a wayreplto improvements nt sitvee. t* moving and molted commercial enterprise having more than (5)Redecoration or replacement of A displaced person is not entitled to three entities which andare not hbeine soiled or worn surfaces at the n by Agency,ery which are soilsreplacementor site.such as paint, payment for. under the same ownership and engaged pa�le •or ca (a)The cost of moving any structure is the same or similar business (6)Licenses.fees ng. permits when or other real property improvement in activities. not paid as part of moving expenses. which the displaced person reserved (4)The business is not operated at a (7)Feasibility surveys.soil testing and ownership. er,this part does not displacement dwelling solely for the marketing studies. preclude the computation utatioa under purpose of tenting such dwelling to (8)Advertised of replacement i (�(4H 1:m othets- location,not to exceed$1.500. (b)Interest oma loan to cover ntovins (5)The business Is not operated at the (9)professional services in connection expenses:or displacement site solely for the purpose with the purchase or lease of a (c)Loss of goodwill;or of renting the sits to others. replacement sits. (d)Loss of proBta:or p (8)The business contributed e (10)Estimated increased costs of (e}Loss of trained employees;or materiaIIy to the income of the operation during the first 2 years at the (I)Any additional operating expenses placed person during the 2 taxable replacement site,not to exceed 55,000, of a business or farm operation incurred yew priorto displacement(see far such items as: because of operating in a new location i 242(a)1• (1)lease ar rental charges. except as provided in i 24.304(a)[10):or bj Determinhig the ember ef (U)Personal or real property taxes, (g)Personal injury;or businesses.In determining whether two (iii)Insurance premiums,and (h)Any legal fee or other cost for or more displaced legal entities (iv)Utility charges,excluding impact Preparing a claim for a relocation constitute a single fees. payment or for representing the claimant business which Is before the Agency; entitled to only one fixed payment.all (]i)Impact fees or one-time g c'or pertinent factors shall be considered assessments for anticipated heavy (i)Expenses for searching for a including the extent to which✓ utility usage. replacement dwelling or (1)The same premises and equipment (12)Other items that the Agency (i)Physical changes to the real are shared; considers essential to the property at the replacement lotion of (2)Substantially identical or reestablishment of the business. a business or farm operation except as interrelated business functions are (13)Expenses in excess of the provided in 14 24.303(a)(3)and carried out and business and financial regulatory maximums set forth in 1 24.304(x];or affairs are commingled' paragraphs(a)(3),(8)and(10)of this (hi Costa for storage of personal (3)The entities are held out to the section may be considered eligible if property on real property already owned public,and to those customarily dealing large and legitimate disparities exist or leased by the displaced person. with them,as one business;and between costs of operation at the (4)The same parson or closely related displacement site and costs of operation 124.306 Fixed payment for mowing persons own,control.or=nese the at an otherwise similar replacement site, arpsnres--rtonrssldartnat mows. affairs of the entities. In such cases the regulatory limitation (a)Business.A displaced business (c)Form operation.A displaced farm for reimbursement of such costs may,at may be eligible to choose a fixed operation(defined at fin may the request of the Agency,be waived by payment in lieu of the payments for choose a fixed payment of the the Federal agency funding the program actual moving and related expenses, payments for actual moving and related or project.but in no event shall total and actual reasonable reestablishment expemes and actual reasenandp costs payable under this sectkin exceed expenses provided by If 24.303 and reestablishment expenses.in em amount the$10.000 statutory maximum 24.3044.Such-fixed payment.except fir equal to its average mond net earn T• s ., . -!s'.':.w rt .•