(a) Documentation. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person or person required to move temporarily must be provided reasonable assistance necessary to complete and file any required claim for payment.
(b) Expeditious payments. The agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.
(c) Advanced payments. If a person demonstrates the need for an advanced relocation payment in order to avoid or reduce a hardship, the agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.
(d) Time for filing. (1) All claims for a relocation payment shall be filed with the agency no later than 18 months after:
(i) For tenants, the date of displacement or temporary move.
(ii) For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.
(2) The agency shall waive this time period for good cause.
(e) Notice of denial of claim. If the agency disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination.
(f) No waiver of relocation assistance. An agency shall not propose or request that a person waive his or her rights or entitlements to relocation assistance and benefits provided by the Uniform Act and this part. (See appendix A to this part, section 24.207(f).)
(g) Expenditure of payments. Payments, provided pursuant to this part, shall not be considered to constitute Federal financial assistance. Accordingly, this part does not apply to the expenditure of such payments by, or for, a displaced person.
(h) Deductions from relocation payments. An agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a person is otherwise entitled. The agency shall not withhold any part of a relocation payment to a person to satisfy any other obligation.
Notes of Decisions
Wax 'N Works v. City of St. Paul, 213 F.3d 1016 (8th Cir. 2000).
· cites it 2× “Wax ’n Works asserted in addition that the city had failed to provide “expeditious” consideration of the application that Wax ’n Works made for monetary benefits and relocation services, see 49 C.F.R. § 24.207 (b), see also 49 C.F.R.”
Tennessee Gas Pipeline Co. v. New England Power, 6 F. Supp. 2d 102 (D. Mass. 1998).
· cites it 3× “Section 4622 does not itself require prepayment, and the relevant regulations provide that: (1) all claims for relocation payments shall be filed with the relevant “federal agency” (here, Tennessee) within 18 months after the date of displacement, see 49 C.F.R. § 24.207 (d), and…”
Rollock Co. v. United States, 115 Fed. Cl. 317 (Fed. Cl. 2014).
· cites it 2× “19 Among other things, these regulations establish general requirements for relocation payments, 49 C.F.R. § 24.207 , including payments for moving and related expenses, 49 C.”
James Osher v. Land Clearance, etc., 903 F.3d 698 (8th Cir. 2018).
“As required by the Act, the Department's implementing regulations provide an administrative process for displaced persons to apply for relocation benefits, see 49 C.F.R. § 24.207 , and for federal agencies to enforce compliance by States receiving federal funds.”
Clear Sky Car Wash, LLC v. City of Chesapeake, 910 F. Supp. 2d 861 (E.D. Va. 2012).
“” 49 C.F.R. § 24.207 . Furthermore, the URA prescribes the process by which an aggrieved applicant should seek review of their application— that is, from the head of the federal or state agency having authority over the displacing project.”
Katherine Graham v. United States, 96 F.3d 446 (9th Cir. 1996).
“5 (denial of administrative claim under FTCA by Department of Transportation Maritime Administration mailed to claimant); 49 C.F.R. § 24.207 (Department of Transportation shall send notice of denial of claim for relocation assistance to claimant).”
Michael Fernandez, D.D.S., Ltd. v. Comm'r of Highways (E.D. Va. 2023).
· cites it 2× “; 49 C.F.R. § 24.207 (b)). Not only do these allegations fail to address the substance of Count II—Defendants’ failure to issue a final determination with sufficient notice and explanation—but they identify no statutory language conferring a right to relocation benefits,…”
Wax 'n Works v. City of St. Paul (8th Cir. 2000).
· cites it 2× “Wax 'n Works asserted in addition that the city had failed to provide "expeditious" consideration of the application that Wax 'n Works made for monetary benefits and relocation services, see 49 C.F.R. § 24.207 (b), see also 49 C.F.R.”
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