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8930
<br />Federal Register / Vol. 54, Na 40 / Thursday, March 2. 1989
<br />(u) Asa direct result of rehabilitation
<br />or demolition for a project; or
<br />(iii) As a direct result of a written
<br />notice of intent to acquire, or the
<br />acquisition. rehabilitation or demolition
<br />of. In whole or in part other real
<br />property on which the person conducts a
<br />business or farm operation, for a project.
<br />However. eligibility for such
<br />rson
<br />under this paragraph applies only for
<br />purposes of obtaining relocation
<br />assistance advisory services under
<br />1 24.205(c), and moving expenaes under
<br />i 24.39'!,124.302 or ; 24.303.
<br />(2) Persons not displaced. The
<br />following is a nonexclusive stating of
<br />persons who do not qualify as displaced
<br />persons under Nils part
<br />(i) A person who moves before the
<br />initiation Zl.� of negotiations (see also
<br />i l), unless the Aged,
<br />determines that the person was
<br />displaced as a direct result of the
<br />program or project; or
<br />(W) A person who initially enters
<br />occcup� of the after the
<br />(iii) f its acquisition iror the project or
<br />person who has occupied the
<br />property for the purpose of obtaining
<br />assistance under the Uniform Act
<br />(iv) A person who 1. not required to
<br />relocate permanently as a direct result
<br />of a project. Such determination shall be
<br />made by the Agency in accordance with
<br />any guidelines established by the
<br />Mao APP agencyderal A hustling projectr (see
<br />(v) An owner,ocmpant who moves as
<br />a result of an acquisition as described at
<br />11 24.101(a) (1) and (2) , or aa a result of
<br />the rehabilitation or demolition of the
<br />real property. (However, the
<br />displacement of a tenant aa a direct
<br />result of any acquisition, rehabilitation
<br />or demolition for a Federal or federally.
<br />aaslated project is subject to this part.);
<br />or
<br />(mil A person whom the Ager
<br />determines is not displaced as direct
<br />result of a partial acquisition; or
<br />(vf1) A person who, after
<br />notice of relocation eligibility (described
<br />at jj 24.203(b)), is notified in writing
<br />be or 'he will not be displaced fthat
<br />project. Such notice shall not be issued
<br />unless the person has not moved and the
<br />Agencyagrees to reimburse the person
<br />fbindingany expenses incurred to satisfy any
<br />obligationsntractual into after
<br />effective date of the cftor reths
<br />eligibility; or notice of relocation,
<br />(+�) An owner -occupant who
<br />voluntarily conveys his or her property,
<br />aas described at 2.4.101(a) (1) and (2).
<br />after being
<br />informed in writing that if a
<br />mutually satisfactory agreement on
<br />terms of the conveyance cannot be
<br />reached, the Agency will not acquire the
<br />into
<br />date of a condominiumpurprose property; a unit
<br />housing
<br />cooperative
<br />property. In such cases. however, any
<br />resulting
<br />displacement of a tenant la
<br />(ix) A to sregulations in this part: or
<br />use and mon who retains the right of
<br />for las following cy of the real property
<br />wing its acquisition by the
<br />Agency; or
<br />(x) A person who retains the right of H
<br />use and occupancy of the real props b
<br />for a fixed term after its acquisition by b
<br />the Department of interior under Pub. L
<br />03.477 or Pub. L 93-303; or
<br />in (u�nl)a person who is determined to be
<br />lnitiatiaa unlawful Prior to the
<br />of egotiatioru [see paragrapha
<br />bee- evicted for cause. under applicable
<br />law, as provided for in 124.205, or
<br />(b) Dwelling The term "dwelling"
<br />means the place of permanent or mega
<br />customary end usual residence of a Fed
<br />person, according to local custom or ad
<br />w, including a single family
<br />single family unit ill a two-family. l !e
<br />family, or multi y. multi- rel
<br />(2) Whenever the displacement is
<br />caused by rehabilitation, demolition or
<br />privately undertaken acquisition of the
<br />real property (and there Is no related
<br />acquisition by a Federal agency or a
<br />State agency), the "initiation of
<br />egotfations" means the notice to the
<br />erson that be or she will be displaced
<br />y the project or. if there is no notice.
<br />the actual move of the person from the
<br />Property.
<br />(3) In, the case of a permanent
<br />relocation to prated the public health
<br />nd welfare, ender the Comprehensive
<br />Environmental Res Compensation
<br />and
<br />/ Rules and Regulations
<br />(y)
<br />this section), ora person who haa
<br />Liability Act atom (Pub. L
<br />"Superf ej the "initiation of 1Q
<br />bailors" mesas the formal
<br />ounccement of such relocation or the
<br />era) or federally -coordinated health
<br />visory where the Federal Government
<br />ter decides to conduct a permaAent
<br />OcaH,on.
<br />a non -housekeeping a
<br />runt; a'rnobile home; or any other -
<br />residential unit, Fed
<br />et�
<br />(1) Farm operation The term "farm (m
<br />�ocy" means the DLead agency. ie ternsdead
<br />of
<br />ansportatfon actingthrough
<br />h Department t e
<br />HighwayAdministration.
<br />st
<br />) Mortgage, The term "mortgage"
<br />meMIS such classes aliens as are
<br />only given to secure advances on,,
<br />unpaid purchase price oL real
<br />rty, under the laws of the State in
<br />the roperty is located
<br />er with
<br />secured thereby. instruments, if
<br />NonprafJt organization. The term
<br />rofit organization" means an
<br />tion that is incorporated under
<br />Pphcable laws of a State aa a non -
<br />organization, and exempt from
<br />Federal income taxes under
<br />501
<br />U.S C. ).real Revenue
<br />otice of Intent to acquire or
<br />of eligibility for relocation
<br />Written notice furnished to a
<br />'to be displaced, including those
<br />aplaced by rehabilitation or
<br />on activities from pro
<br />perty
<br />acquired prior to the commitment of
<br />Federal &Handal assistance to the
<br />activity, that establishes eligibility for
<br />relocation benefits prior to the initiation
<br />of negotiation and/or prior to the
<br />comraiassistance.tment of Federal financial
<br />(p) Owner of a dwelling. A person is
<br />considered to have met the requirement
<br />to own a -dwelling if the person
<br />interests
<br />person
<br />or holds any of the following
<br />in real property;
<br />title, a life estate, a land
<br />a 29 -year lease, or a Lease
<br />any options for extension with
<br />50 years loam horn she data of
<br />or- • i .n
<br />operation means any activity
<br />conducted solely or p��y for the comma
<br />Production of one or more agricultural or the
<br />products orthnber. for sale c met. e, and hg Props
<br />cutproome � and which
<br />commoditiessufficientucing u�ly o be th
<br />capable of contributing materially
<br />operator's support. Y We (n)
<br />(j) Federal financial assistance. The o "amp
<br />term "Federal financial assistance"
<br />means a grant, loan, or contribution profit
<br />the a
<br />provided by the United States, except paying
<br />any Federal guarantee or inaurance and
<br />any interest reduction payment to an Code (
<br />individual in connection with the Code
<br />purchase and occupancy of a residence (o) N
<br />by that individual. notice
<br />i) Initiation o n assistance
<br />different action is negotiations. Unless a arson
<br />Federal program regulations, d eterm le ie be di
<br />((stirdemoliti
<br />Haw
<br />n of negotiations" means the
<br />fallowing
<br />(1) Whenever the displacement results
<br />from the acquisition of the real props
<br />by a Federal agency or State agency. the
<br />"initiation Of negotiations" means the
<br />delivery of the initial written offer of
<br />just eompensatirm by the Agency to the
<br />owner or the owner's representative to
<br />Purchase the real property for the
<br />project. However, if the Federal
<br />or State agency issues a notice of��
<br />intent to acquire the realarch
<br />person moves after that notice,pe g and a eta
<br />before delivery to the initial wr t (1) contract.
<br />purchase offer, the' "inftiaftop of rise
<br />negotiations" means the actual M'� of f at least st
<br />luding
<br />thp ifthe
<br />property.- acquisltloa
<br />
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