County of Hawai'i Displacement Plan

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0 ' 6940 Federal Register / Vol. 54. No. 40 / Th+ day, March Z, 1999 / Rules and Regulations ae computed in accordance with relocation of the facility mates paragraph(e)of this section,but not Ieas extraordinary expenses for its owner, Subpart E�Repfacente Housing than S1,=nor more than$20,000.In the the displacing Payments case of a partial acquisition than$of land P agency may,at its option, which was a farm operation before the make a relocation payment to the owner l 24,401 Replacement housing payment acquisition.the fixed s for all or part of such expenses,if the for 180-day homeowner ,pant& payment shall be following (a)Eligibility. made only if the Agencydetermines criteria are met: A displaced person is that: (1)The utility facility legally occupies eligible for the replacement housing (1)The acquisition(Apart of the land State or local government property,or payment for a 180-day homeowner_ + property over which the State or local occupant if the person: caused the operator to be displaced from the farm operation on the government has an easement or right-of- (1)Has actually owned and occupied v remaining land;or way:and the displacement for not less (2)The partial acquisition caused a (2)The utility facility's right of than 180 days immediately y prior to the substantial change In the nature of the occupancy thereon is pursuant to State initiation of negotiations;and farm operation. law or local ordinance specifically (2j Purchases and occupies a decent. (d)Nonprofit agarrizotran.A authorizing such use,or where such use safe,and sanitary replacement dwelling displaced nonprofit organization may and occupancy has been granted following ollow oge year after the later of the gency choose a fixed payment of$1.000 to through a franchise,use and occupancy ma° datesc(except that theo for $20,000.to lieu of the payments for permit,or other similar agreement:andY extend such one year period far actual moving and related expenses and good cause): actual mownaan reestablishment (3)Relocation of the utility facility is (i)The date the person receives final expenses,ifo therequired by and is incidental to the it cannot be the Agency determines that primary purpose of the project payment or.in the case of for the condemnation. dwellingda substantial loss of existing patronage out a program undertaken by the displacing the full of the estimate of the ate (membership or clientele).A nonprofit agency and compensation is organization is assumed to meet this (81 There is no Federal law,other than deposited in the court. test,unless the AgencydemonstrateseomethisAct which clearlyor(ii)The date the displacing agency's the Uniform otherwise.Any payment In excess of establishes a policy for the payment of obligation under 24.204 is met. $1,000 must be supported with financial utility moving costs that is applicable to (W Amount of payment.The statements for the two 12-month periods the displacing agency's program or replacement housing payment for an bemused for r to the acquisition.The amount to Projec>:and eligible 180-day homeowner-occupant of 2 years annual payment it the average (5)State or local government may not exceed 122,5011.(See also Aa administrative a guise revenue,less reimbursement for utility moving caeU i 24.x)The payment under this putt Wee Appendix or payment of such oasts by the subpart is limited to the amount (el displacing agency ie in accordance with necessary to relocate to a comparable r+gge arurucl net earning,of a State law, replacemente dwellingwithin one year business or farm operation.The average from the date the dilaced homewner- ; bunual net g (b)For the purposes of this section. occupant is paid for the displacement earnings of a business or the term"extraordinary farm operation are ane-half of Its net expenses" dwelling, earnings before Fed means those or the date a comparable income taxes during 'State,and local P expenses which.in the replacement dwelling is made available the 2 taxable years opinion of the displacing agency,are not to such person,whichever is later.The immediately prior to the taxable year in routine or predictable expenses relatinge which it was displaced.If the business to the utility's occupancy of payment shall be the sum of or farm was not in operation for the full way,and are not ordinarily budgeted as repl(1acement dwe elling by which the cost of a 2 taxable years prior to displacement, operating expenses,unless the owner of acquisition cost of the displacement net earnings shall be based on the the utility facility has explicitlyand dwell actual period of operation at the dwelling.as determined U accordance displacement site d knowingly agreed to bear such expenses with Paragraph(c)of this section:and years displacement the 2 taxable as a condition for use of the property,or (2)The increased interest costs and prior to dis lacement projected to has voluntarilyagreedother debt service costs which are an annual rate.Average annual net for such expenaesto be responsible incurred in connection with the earnings may be based upon a different (c)A relocation payment to a utility dwelling, on the replacement period of time when the Agency facilityowner for movingdwelas determined to accordance determines it to be more uIta6le. Net costa under this section may not exceed the cost to with paragraph(d)of this section;and earnings include any compensation functionally restore the service obtained from the business or farm - (3)The reasonable expenses by its owner, owner's disrupted by the federally assistedreplacincidental to the purchase of the operationporand its dependents.the Thenor displaced program or project.less any increase in accordance with paragraph as e)of this in person shall furnish the value of the new facility and salvage accordance with (e)of pets Agency proof of value of the old facility.The displacing section. certified � come tax orreht e• agency and the utility facility owner )Price The pticl differential-11)Basic reasonable evidencecilt whichshall reach prior agreement on the under computation. rag pricedifferentia!of this to be determines is satisfactory. the Agency nature of the utility relocation work to paid under paragraph(61(11 of this iE 24. 07 be accomplished,the eligibility of the section is the amount which must be 4 2pa4. Discretionary utility monition work for reimbursement,the addeddisto then acquisition ian cost the ents. responsibilities for financing and amo unt a equatl dwellingto (a)Whenever a amount a nal to the s providea� a total undertaken program or project accomplishing the work,and the method q by a displacing agency of accumulating costs andcomparable The reasonable cost of a causes the relocation of a utility facility payment making neda accordance with gas (see 11 24.2(aa)and(bb))end the 4 24.3.) Appendix A.of this part. determined in accordance with 2A.403(a);or