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40:60-25.60 - Payments to displaced persons, business concern or nonprofit organization

40:60-25.60.  Payments to displaced persons, business concern or nonprofit organization
    Any municipality which acquires, or seeks to acquire, real property pursuant  to the provisions of this act for the purposes authorized herein shall provide  for:

    (a) the payment by the municipality to any displaced business concern or nonprofit organization--

     (1) of its reasonable and necessary moving expenses and any actual direct loss of property except goodwill or profit for which reimbursement or compensation is not otherwise made;  provided, that such payment shall not exceed $3,000.00 (or if greater, the total certified moving expenses); and

     (2) an additional $2,500.00 in the case of a private business concern with  average annual net earnings of less than $10,000.00 per year which (a) was  doing business within the location sought to be acquired pursuant to provisions  of this act, (b) is displaced by reason of proceedings pursuant to this act,  and (c) is not part of an enterprise having establishments outside the area  sought to be acquired pursuant to the provisions of this act. Notwithstanding  the provisions of this section, a business concern which is not being displaced  from an area sought to be acquired pursuant to the provisions of this act shall  be eligible for payments of its certified actual moving expenses with respect  to its outdoor advertising displays being removed from the area sought to be  acquired pursuant to this act in the same manner as though such business  concern were being displaced;  and

    (b) the payment to any displaced individual or family of his or its reasonable moving expenses and any actual direct loss of property for which reimbursement or compensation is not otherwise made;  provided, that such payment shall not exceed $200.00 and provided further that the municipality may  make payments to individuals and families of fixed amounts, but not in excess  of $200.00 in any case, in lieu of their respective and reasonable moving  expenses and actual direct loss of property.

    In addition to the payments required by this section, a municipality which acquires, or seeks to acquire land pursuant to the provisions of this act for the purposes authorized herein may pay (in addition to any amount provided under subsection (b) of this section) on behalf of any displaced family, or any  displaced individual 62 years of age or over, during the first 5 months after  displacement, a relocation adjustment payment, not to exceed $500.00, to assist  such displaced individual or family to acquire a decent, safe and sanitary  dwelling.  The relocation adjustment payment shall be an amount which, when  added to 20% of the annual income of the displaced individual or family at the  time of displacement, equals the average rental required, for a 12-month  period, for such a decent, safe and sanitary dwelling of modest standards  adequate in size to accommodate the displaced individual or family (in the area  sought to be acquired or in other areas not generally less desirable in regard  to public utilities and public and commercial facilities):  Provided, that such  payment shall be made only to an individual or family who is unable to secure a  dwelling unit in a low-rent housing project assisted under the United States  Housing Act of 1937, or under a State or local program found by the public  officer designated or appointed pursuant to subsection (c) of section 3 of this  act to have the same general purposes.

     L.1967, c. 11, s. 4, eff. March 13, 1967.
 

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