County of Hawai'i Displacement Plan

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Federal Register I Vol. 54, No. 40 / Thursday. March 2, 1999 / Rules and Regulations 8947 .. ..... terminate occupancy on short notice for the reviewer's recommended or lowest acceptable bid or estimate.as • (whether or not the renter also has that approved value depend on the provided for in 1 24.303(c). ,? right)supports the establishment of a complexity of the appraisal problem.For Subpart D—Payment far Moving and • lesser rental than might be found in a a low value property requiring an Related Expenses longer,fixed-term situation. uncomplicated valuation process.the Section 24.13 Criteria for Appraisals reviewer's approval,endorsing the Section 24.306 Fixed Payment for Standards appraiser's report.may satisfy the Moving Expenses—Nonresidential Section 24.103(a) of requirement for the reviewer's Moves appraisal In paragraph(s)(3)of this statement. section.It Is intended that all relevant Section 24.306(d) Nonprofit and reliable approaches to value be Section 24.108 Expenses Incidental to organizations.Grass revenues may utilized.However,where an Agency Transfer of Tide to the Agency include membership fees,class fees. determines that the market approach cash donations,tithes.receipts from will be adequate byitself because of the Generally,the Agency is able to pay sales or other forms of fund collection such incidental costs directly end. type of property being appraised and the that enablesnthe nonprofit organization uses ar availability of sales data.it may limit where feasible.is required to do so.In to aper:6e.Administrative expenses are the appraisal assignment to the market order to prevent the properly owner those for administrative support such as approach. l=oge making unnecessary out-0f-packet tet,utilities.salaries,edvertisiag and Section 24103(b) influence of the expenditures and to avoid duplication of other like items as well as fund raising project on just compensation.As used in expenses.the.property owner should be expenses.Operatingexpenses for this section.the term"project'is informed earlytin n e acquisition process erg out the purposes of the non_ intended to mean an undertaking which of the Agency's intent to make each profit organisation are oat included in arra eats In addition.it is is planned.designed and intended to Jaz administrative expenses.The monetary operate as a gait emphasized that audr expenses must be receipts and expense amounts may be Because of the public knowledge of reasonable and necessary• verified with certified financial the proposed project,property values Subpart C—General Relocation statements or financial documents may be effected.A grape owner Requirements required by public agencies. should not be penalized because of a decrease in value carolled by the Section 2411,1 Availability of Section 24.307 Discretionary Utility proposed project nor reap a windfall at Coarparoble Replacement Dwelling Relocation Payments public expense because of increased Before Displacement Section 24.307(c)describes the issues value seated by the proposed project Section 24.204(a) General This which must be agreed to between the Section 2LXQ4(e) Cenflietof jaternaL provision requires that no one may be dil�g agency and the utility facility The overall objective is to minimizethethe required to move ham a dwelling owner hi detetmining the amount of the risk of fraud and mismanagement end to without one replacement payment.To facilitate and aid promote public confidence is Federal dwelling having been made available.In in reaching such agreement.the and federally-assisted lend acquisition practices in the Federal Highway additionpractices.Recognizing that the costs ,.hero I three m ro�at. Administration regulation.23 CFR 045, may outweigh the benefits in some comparable dwellings shelf Subpart A.Utility Relocations, circumstances.1 24-1Gge)Provides that be made availebla."'Thus the beak Adjustments and Reimbursement, the same person may both appraise and standard for the number of referrals should be followed. negotiate an acquisition,if the value is $2.500 or less.However,it should be required under this section is three. Subpart B—Replacement Housing noted that all appraisals must be Only in situations where three Payments reviewed in accordance with#24.104. comparable replacement dwellings are This includes appraisals of real property not available(e. when the local Section 24 401 Replaceaeeat Housing PP P Pe - housing market does not contain three Payment Por1130-Day Xveneotnrer� valued at$2,500,or less. comparable dwellings)maytheAgencyO'c'cupants Section 24.104 Review of appraisals make fewer than three referalsSection 24.4O1(a)(2).The provision for This section recognizes that Agencies Section 24.205 Relocation Assistance extending eligibility for a replacement differ in the authority delegated to the Advisory Services housing payment beyond the one year review appraiser.In some cases the period for good cause means that an reviewer establishes the amount of the Section 24.2O5(cXZXii)(Cl is intended extension may be granted if some event offer to the owner and in other cases the to emphasize that If the comparable beyond the control of the displaced reviewer makes a recommendation replacement dwellings are located in person such as acute or life threatening which is acted on at a higher level.It is areas of minority concenfro_ .U illness,bad weather preventing the also within Agency discretion to decide minority persons should,if possible,also completion of construction of a whether a second review is needed if be Pen opportunities to relocate to replacement dwelling or other like the first review appraiser establishes a replacement dwellings not located in circumstances should cause delays in value different from that in the appraisal such areas. occupying a decent.safe,and sanitary report or reports on a property, replacement dwelling. Belpre acceptance of an appraisal,the Section menus24.207 General Section 24.4O1(c) Price differential. review appraiser must determine that Reyutrsmeati--Clarets Jar Oce on The provision Ia;Z&4Oi(cl(4)(iii) to use thea raiser's documentation,including pow.' pp the current fair market value for valuation data and the analyses of that Section 24.2O7(a)allows an Agency to residential use does not mean the data.demonstrates the soundness of the make a payment for low cost or Agency must have the property appraiser's opinion of value.The uncomplicated moves without appraised.Any reasonable method for qualifications of tha review appraiser additional docucerrtation.as long as the arriving at the fair market value may be and the level of explanation of the basis payment Is limited to the amount of the used.