Eminent Domain Business Relocation Benefits and Compensation Regulations – TriMet
For an owner planning a business relocation because of the TriMet Southwest Corridor Light Rail Project, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.
An abbreviated list of TriMet’s relocation benefits for relocation compensation is attached below. This list can be used as a cheat sheet for your relocation planning. This will help you understand what you are entitled to for relocation benefits, and cost reimbursements or compensation, while planning the relocation of your business that is being displaced by this project and other Oregon projects where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
TriMet’s relocation regulations are based on and strictly follow the Uniform Relocation Act.
TriMet Acquisition and Relocation Booklet
Although TriMet’s relocation regulations follow the Uniform Relocation Act, TriMet’s Acquisition and Relocation Booklet, in my opinion, leaves the reader underwhelmed with its lack of listed available relocation benefits and compensation for a business move. Rest assured, all benefits and compensation are available as described within the Uniform Relocation Act, and the State of Oregon laws.
I have included a complete list of benefits and compensation within my abbreviated TriMet Business Relocation Benefits and Compensation Regulations below. This is a complete list of benefits and compensation, but abbreviated in the description of each item.
Southwest Corridor Light Rail Timeline and Schedule
The Southwest Corridor project schedule shows property acquisition to begin in mid-2021.
Real property appraisals would likely begin several months before the scheduled mid-2021 property acquisitions
Occupants of the properties or parcels to be acquired will become eligible for relocation benefits at the time the real property acquisition offer is made by TriMet to each individual property owner
Note: Property occupants, which include: Business owners, landords, and any other tenants, etc. are entitled to and should attend the property appraisal walk-through. Each should be properly prepared with knowledge on how to put their best foot forward during the appraisal process. Please see my planning guide referenced below to better understand this.
How to Begin Planning Your Business Relocation in Eminent Domain
I have prepared a guide that will help you get started with planning your business relocation in eminent domain and the SW Corridor project.This guide includes a list of my recommended best practices for you while working through the relocation process and to capture the eligible relocation benefits and compensation needed for your successful business relocation. Please follow this link to Planning Your Business Relocation for the Southwest Corridor Light Rail Project – Trimet.
Eminent Domain and TriMet Business Relocation Questions and Answers
If you have questions, feel free to contact me for answers while planning your relocation.
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation. Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Key Links for the Southwest Corridor Light Rail Project
Below are links to various sites related to the SW Corridor Project including: Oregon’s eminent domain and relocation laws and policies along with links to the Federal Uniform Relocation Act, and TriMet’s Acquisition and Relocation Booklet. Among other things, these links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.
OREGON EMINENT DOMAIN; PUBLIC ACQUISITION OF PROPERTY
The Southwest Corridor project schedule shows property acquisition to begin in mid-2021.
Real property appraisals would likely begin several months before mid-2021
Property occupants will become eligible for relocation benefits at the time of the real propert acquisition offer are presented for each individual property
Note: Property occupants, which include: Business owners, landords, other tenants, etc. are entitled to and should attend the property appraisal walk-through. Each should be properly prepared with knowledge on how to put their best foot forward during the appraisal process.
TriMet Business Relocation Benefits and Compensation Regulations, Abbreviated
TriMet Eminent Domain Business Relocation and Compensation Regulations, Abbreviated
Successful Business Relocations Within Eminent Domin
Proper planning of a North Carolina business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits and compensation provided by the public project and its displacing public agency. Those opportunities can include the following, with the use of relocation benefits and compensation:
Moving to a right-size facility and/or right location for your business
Replacing equipment with more productive equipment
Improving the flow or style of your business operations
Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.
Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner. 99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation. This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
North Carolina’s relocation regulations are based on the federal Uniform Relocation Act.
Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005. I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after being relocated for a public project.
Failed Business Relocations Within Eminent Domain
In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner. The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses. Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency.
I’ll share with you some of my methods and recommendations for achieving excellent relocation results. My hope is for you you and your business to also complete your relocation in a better situation by fully using the available relocation benefits described in the Uniform Act, or the displacing agency’s guidelines based on the URA.
It starts with understanding some of the positive and negative influences that will impact the relocation results.
Factors Affecting the Level of Success for Business Relocations in Eminent Domain
Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and North Carolina’s Relocation Regulations. A few of those include:
The particular circumstances of the real property being condemned
The circumstances of the business type being displaced
The condemning public agency’s approach to relocation
The ability to soften or overcome those factors listed above
The business owner’s approach to relocating their business.
For this discussion, I’ll focus on the business’s most controllable part of the process, the business owner and their approach to relocating while following the URA or state regulations.
Best Practices for Eminent Domain Business Relocation Planning
For the best relocation outcome, the business owner will want to use the proper approach to the relocation process. There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.
Work with the displacing public agency as much as reasonably possible. Take advantage of the services they offer you.
Denying that a certain item or items you own cannot be relocated.
Not gaining ownership or control of fixtures used in your business
Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements. You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). Continue your preplanning into relocation planning for developing an actual relocation plan report. You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
File relocation claims with the displacing public agency as you incur an obligation to the costs. File claims early and often.
Relocation claims should be well described and supported. Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
Request any public agency claim denials for relocation benefits to be in writing. Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
If your business is more complicated than a small insurance or real estate office, or, you feel that you are not being properly treated by the displacing public agency, consider talking with an eminent domain relocation consultant.
This summary of best practices will hopefully get you started on the right foot with your business relocation. Business relocation planning within eminent domain is one of my favorite services I provide and my favorite topic for conversation. Please feel free to call me to discuss your situation.
Questions and Answers on Eminent Domain and Business Relocations
If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:
What do you do next, starting from the point where you are in your relocation process?
How do you apply the best practices to your specific business relocation planning?
What are your eligible relocation benefits and compensation?
How and when do you become eligible for relocation benefits and compensation?
How do you prevent a loss of your relocation benefits and compensation?
How can you get out of a pickle in your current relocation situation?
What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.
Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
References:
RELOCATION ASSISTANCE—REAL PROPERTY ACQUISITION POLICY – North Carolina
Successful Business Relocations Within Eminent Domain
Proper planning of a Washington business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits and compensation provided by the public project and its displacing public agency. Those opportunities can include the following, with the use of relocation benefits and compensation:
Moving to a right-size facility and/or right location for your business
Replacing equipment with more productive equipment
Improving the flow or style of your business operations
Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities in amounts ranging from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.
Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner. 99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation. This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
The State of Washington relocation regulations are based on the Uniform Relocation Act, however, the State has increased the limits within the Reestablishment category to $50,000, where the URA is limited to $25,000 for this one category.
Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005. I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after being relocated for a public project.
Failed Business Relocations Within Eminent Domain
In my opinion, most business failures occur, not because of inadequate relocation benefits within the URA, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner. The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses. Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency.
I’ll share with you some of my methods and recommendations for achieving excellent relocation results. My hope is for you and your business to also complete your relocation with being in a better situation, by fully using the available relocation benefits described in the Uniform Relocation Act, or the displacing agency’s guidelines based on the URA.
It starts with understanding some of the positive and negative influences that will impact the relocation results.
Factors Affecting the Level of Success for Business Relocations in Eminent Domain
Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Washington Relocation Regulations. A few of those include:
The particular circumstances of the real property being condemned
The circumstances of the business type being displaced
The condemning public agency’s approach to relocation
The ability to soften or overcome those factors listed above
The business owner’s approach to relocating their business.
For this discussion, I’ll focus on the most controllable part of the process, the business owner and their approach to relocating while following the URA or state regulations.
Best Practices for Eminent Domain Business Relocation Planning
For the best relocation outcome, the business owner will want to use the proper approach to the relocation process. There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.
Work with the displacing public agency as much as reasonably possible. Take advantage of the services they offer you.
Educate yourself on your relocation benefits (see my Washington State abbreviated Relocation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
Denying that a certain item or items you own cannot be relocated.
Not gaining ownership or control of fixtures used in your business
Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements. You must follow the details of the Uniform Relocation Act, no matter how seemingly nonsensical they appear.
Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). Continue your preplanning into relocation planning for developing an actual relocation plan report. You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
File relocation claims with the displacing public agency as you incur an obligation to the costs. File claims early and often.
Relocation claims should be well described and supported. Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
Request any public agency claim denials for relocation benefits to be in writing. Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
If your business is more complicated than a small insurance or real estate office, or, you feel that you are not being properly treated by the displacing public agency, consider talking with an eminent domain relocation consultant.
This summary of best practices will hopefully get you started on the right foot with your business relocation. Business relocation planning within eminent domain is one of my favorite services I provide and my favorite topic for conversation. Please feel free to call me to discuss your situation.
Questions and Answers on Eminent Domain and Business Relocations
If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:
What do you do next, starting from the point where you are in your relocation process?
How do you apply the best practices to your specific business relocation planning?
What are your eligible relocation benefits and compensation?
How and when do you become eligible for relocation benefits and compensation?
How do you prevent a loss of your relocation benefits and compensation?
How can you get out of a pickle in your current relocation situation?
What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.
Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
References:
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
Successful Business Relocations Within Eminent Domain
Proper planning of a business relocation in eminent domain can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits and compensation provided by the public project and its displacing public agency. Those opportunities can include the following, with the use of relocation benefits and compensation:
Moving to a right-size facility and/or right location for your business
Replacing equipment with more productive equipment
Improving the flow or style of your business operations
Proper relocation planning can achieve those items listed above and more. I’ve experienced having relocation compensation pay for those opportunities ranging in amounts from a few thousand dollars for a very small business, and as much as $34 million for a more complicated business.
Seldom have I experienced a business relocation in eminent domain go unrewarding for the owner. 99% of the hundreds of business relocations that I’ve been a part of have benefited because their relocation put them in a better long-term business situation. This was while following relocation regulations that were based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
Unfortunately, too many businesses not only miss out on those described relocation opportunities, but some even fail to survive, as reported in a federal study published in 2005. I want to share with you a few tips on how to not be a part of the business failed statistic, but to become a business success statistic after being relocated for a public project.
Failed Business Relocations Within Eminent Domain
In my opinion, most business failures occur, not because of inadequate relocation benefits within the Uniform Relocation Act, but because of improper implementation of the relocation regulations on the part of the public agency and the business owner. The relocation process and relocation regulations must be intimately understood and closely followed by the business and the condemning public agency for the business to properly plan the relocation so that they can receive proper reimbursements for relocation expenses. Unfortunately, those regulations are frequently improperly understood or followed at the level that is necessary by both the business and the public agency.
I’ll share with you some of my methods and recommendations for achieving excellent relocation results below. My hope is for you and your business to also complete your relocation in a better situation because of relocating within eminent domain, by fully using the available relocation benefits described in the Uniform Relocation Act, or the displacing agency’s guidelines based on the Uniform Relocation Act.
It starts with understanding some of the positive and negative influences that will impact the relocation results.
Factors Affecting the Level of Success for Business Relocations in Eminent Domain
Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and your state’s Relocation Regulations. A few of those include:
The particular circumstances of the real property being condemned
The circumstances of the business type being displaced
The condemning public agency’s approach to relocation
The ability to soften or overcome those factors listed above
The business owner’s approach to relocating their business.
For this discussion, I’ll focus on the business’s most controllable part of the process, the business owner and their approach to relocating while following the URA or state regulations.
Best Practices for Eminent Domain Business Relocation Planning
For the best relocation outcome, the business owner will want to use the proper approach to the relocation process. There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.
Work with the displacing public agency as much as reasonably possible. Take advantage of the services they offer you.
Educate yourself on your relocation benefits (see my abbreviated Relocation Regulations cheat sheet), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
Denying that a certain item or items you own cannot be relocated.
Not gaining ownership or control of fixtures used in your business
Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements. You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). Continue your preplanning into relocation planning for developing an actual relocation plan report. You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
1. Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
File relocation claims with the displacing public agency as you incur an obligation to the costs. File claims early and often.
Relocation claims should be well described and supported. Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
Request any public agency claim denials for relocation benefits to be in writing. Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
If your business is more complicated than a small insurance or real estate office, consider talking with an eminent domain relocation consultant.
This summary of best practices for relocation planning will hopefully get you started on the right foot with your business relocation. Business relocation planning within eminent domain is one of my favorite services I provide and topic for conversation. Please feel free to call me to discuss your situation.
Questions and Answers on Eminent Domain and Business Relocations
If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:
What do you do next, starting from the point where you are in your relocation process?
How do you apply the best practices to your specific business relocation planning?
What are your eligible relocation benefits and compensation?
How and when do you become eligible for relocation benefits and compensation?
How do you prevent a loss of your relocation benefits and compensation?
How can you get out of a pickle in your current relocation situation?
What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.
Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
Abbreviated Eminent Domain Business Relocation Regulations – North Carolina
For an owner planning a business relocation in eminent domain, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.
An abbreviated list of North Carolina’s relocation benefits for relocation compensation is attached below. This list can be used as a cheat sheet for your relocation planning. This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
North Carolina’s relocation regulations are based on the Uniform Relocation Act.
How to Begin Planning Your Business Relocation in Eminent Domain
Eminent Domain and Business Relocation Questions and Answers
If you have questions, feel free to contact me for answers while planning your relocation.
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation. Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Below are links to North Carolina’s eminent domain and relocation laws and policies along with links to the Federal Uniform Act. These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.
RELOCATION ASSISTANCE—REAL PROPERTY ACQUISITION POLICY – North Carolina
Abbreviated Eminent Domain Business Relocation Regulations – State of Maryland
For an owner planning a business relocation in eminent domain, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.
An abbreviated list of Maryland’s relocation benefits for relocation compensation is attached below. This list can be used as a cheat sheet for your relocation planning. This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
Maryland’s relocation regulations are based on the federal Uniform Relocation Act. However, the state has enhanced the Fixed Payment category to $60,000. Additionally, the Reestablishment category is also increased to $60,000. The Uniform Relocation Act has a maximum of $40,000 for the Fixed Payment category and $25,000 for the Reestablishment category. To comply with the Uniform Relocation Act regulations, a public agency cannot diminish any of the benefits within the Act, however, it is allowed to enhance the benefits.
How to Begin Planning Your Business Relocation in Eminent Domain
Eminent Domain and Business Relocation Questions and Answers
Please feel free to contact me with your relocation questions. 425-398-5708 . There’s no obligation for your contact, it will simply be a good productive conversation.
Below are links to Maryland’s eminent domain and relocation laws and policies along with links to the Federal Uniform Relocation Act. These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.
Abbreviated Eminent Domain Business Relocation Regulations – State of Washington
For an owner planning a business relocation in eminent domain, below is an abbreviated list of relocation benefits for relocation compensation. This can be used as a cheat sheet for relocation planning.
An abbreviated list of Washington’s relocation benefits for relocation compensation is attached below. This list can be used as a cheat sheet for your relocation planning. This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
Washington’s relocation regulations are based on the federal Uniform Relocation Act. However, the state has enhanced the Reestablishment category to $50,000. The Uniform Relocation Act has a maximum of $25,000 for this one category. To comply with the Uniform Relocation Act regulations, a public agency cannot diminish any of the benefits within the Act, however, it is allowed to enhance the benefits.
How to Begin Planning Your Business Relocation in Eminent Domain
Eminent Domain and Business Relocation Questions and Answers
If you have questions, feel free to contact me for answers while planning your relocation.
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation. Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Below are links to Washington’s eminent domain and relocation laws and policies along with links to the Federal Uniform Act. These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION
Abbreviated Eminent Domain Business Relocation Regulations – State of Oregon and Trimet
For an owner planning a business relocation in eminent domain, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.
An abbreviated list of Oregon and Trimet’s relocation benefits for relocation compensation is attached below. This list can be used as a cheat sheet for your relocation planning. This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
Oregon and Trimet’s relocation regulations are based on the Uniform Relocation Act.
How to Begin Planning Your Business Relocation in Eminent Domain
Eminent Domain and Business Relocation Questions and Answers
If you have questions, feel free to contact me for answers while planning your relocation.
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation. Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Below are links to Oregon’s eminent domain and relocation laws and policies along with links to the Federal Uniform Act. These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.
EMINENT DOMAIN; PUBLIC ACQUISITION OF PROPERTY – Oregon
Abbreviated Eminent Domain Business Relocation Regulations – State of Colorado
For an owner planning a business relocation in eminent domain, you will need to have a good understanding of the applicable relocation regulations and compensation for your business relocation.
An abbreviated list of Colorado’s relocation benefits for relocation compensation is attached below. This list can be used as a cheat sheet for your relocation planning. This will help you understand what you are entitled to for relocation cost reimbursements, or compensation, while planning the relocation of your business that is being displaced by a public project and where the relocation regulations are based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This is also known as the Uniform Relocation Act, the Uniform Act, or more simply the URA.
Colorado’s relocation regulations are based on the federal Uniform Relocation Act. However, the state has enhanced the Reestablishment limited category to $50,000. The Uniform Relocation Act has a maximum of $25,000 for this one category. To comply with the Uniform Relocation Act regulations, a public agency cannot diminish any of the benefits within the Act, however, it is allowed to enhance the benefits.
Planning Your Business Relocation in Eminent Domain
For your use, I have provided a guide to help you get started with planning your business relocation in eminent domain and includes a list of my recommended best practices for the relocation process. Please follow this link to How to Begin Planning Your Business Relocation in Eminent Domain.
Questions and Answers on Eminent Domain and Business Relocations
If you have questions, feel free to contact me for answers while planning your relocation.
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation.
Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Below are links to Colorado’s eminent domain and relocation laws and policies along with links to the Federal Uniform Act. These links will provide you with a full description and eligibility requirements for relocation benefits and payments when eminent domain is used for the acquisition of private property and relocation of the occupants.
Colorado Business Relocation Benefits and Compensation Regulations in Eminent Domain, Abbreviated
Colorado Business Relocation Benefits and Compensation in Eminent Domain, Abbreviated
References:
Colorado Relocation Assistance and Real Property Acquisition Policies
Indiana
Includes Relocation Benefits in Its Eminent Domain and Condemnation Laws
In Indiana, relocation
benefits in eminent domain follow the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. This is also known as the Uniform Relocation
Act, the Uniform Act, or more simply the URA.
These regulations are followed when the State or any other public agency
uses eminent domain to purchase new right-of-way for a public project and for
the relocation of those occupying the property.
These regulations must be followed when state or federal funds are
included in the project. Reference: Indiana Code Title 32 Article 24 (IC 32-24).
About The Federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act (URA)
The URA describes the
types of costs that are eligible for reimbursement, known as relocation
benefits, which are available to those being displaced while relocating
from real property being purchased or those otherwise impacted by the new right-of-way
for the public project. The URA is required to
be followed on projects that include federal funding. It’s listed relocation benefits are minimum
requirements where a state or local agency can enhance the level of benefits,
but not reduce them. Non-federally
funded projects may not be required to follow the URA, but many states, as
Indiana, choose these guidelines or some version of them for their state and
local agencies to follow, while others do not.
You can find the URA described in full within the United States Code (Title 42 USC Chapter 61) and the Code of Federal Regulations (Tile 49 CFR Part 24). However, reading through the URA regulations can be a bit daunting, so I’ve prepared a brief summary of the URA business relocation benefits to help you. The summary is attached below. Please understand that my summary of listed benefits is abbreviated for your convenience as a quick reference. Many of the relocation benefits have requirements, and/or conditions for the business to qualify or be eligible for the benefit.
Relocation Assistance
Advisory Services
The displacing public
agency will provide what is called Relocation Assistance Advisory Services to each displaced person. Many property owners
and business owners choose to self-plan and perform their relocation using the
recommendations provided by the condemning public agency’s designated
acquisition agent and relocation agent.
This may be a desirable approach for you if you are not too concerned
with the amount of money you will receive for your property acquisition or for your
business relocation. Also, if your
property or business is uncomplicated, at times, simple issues only need simple
solutions. This method is focused more on simplicity and works well for small businesses
such as an insurance or real estate office having only a few employees. If your
business is more complex, you may need a more in-depth analysis of your relocation
needs and reimbursable relocation benefits. For a more complex business relocation,
you may consider assistance from an eminent domain relocation consultant.
Eminent Domain and
Relocation Consultant
Business Relocation:
An eminent domain
relocation consultant, referred to as a move planner within the URA, can help you gain an understanding of the
relocation issues and how to begin with putting your best foot forward when
facing an eminent domain relocation and communicating with the condemning
public agency. Once engaged, the
consultant’s fees are generally covered by the relocation benefits within the
Uniform Act. The consultant should be skilled with: educating you on how
relocation benefits within the URA will help you, and where they will not; they
should quickly grasp your business situation and its operations; and be fully
versed on construction related activities necessary for relocating your
business. These and other skills are
necessary so that the consultant can fully inform you, and help you with your
critical decision making on your relocation matters, while allowing you to
focus more on your business operations.
To find such a
consultant, I suggest an internet search of: Eminent Domain Relocation
Benefits, Indiana. However, your search will show several eminent domain
attorneys listed who talk about relocation benefits. When an attorney is part
of the relocation team, their work is usually at a higher legal level and is
hopefully based on the relocation consultant’s work. Usually the two will work
together on your situation. If your internet search is not successful for you, feel
free to call me to discuss your business relocation.
Eminent Domain and Real Property Acquisition:
Eminent Domain Attorney:
If you are a property owner facing eminent domain and potential condemnation, I encourage you to talk with an attorney who regularly practices in eminent domain in your state. You can find such an attorney by searching the internet for: Eminent Domain Attorney, Indiana. If that’s not a successful search for you, feel free to call me for some suggestions on who to contact. We regularly work with eminent domain attorneys around the country.
How to Begin Planning Your Business Relocation in Eminent Domain
Eminent domain and business relocations can be rewarding to the business owner by bringing new opportunities to the business with the use of relocation benefits or compensation provided by the public project and its displacing public agency. Unfortunately, too many businesses not only miss key and multiple opportunities, but some even fail to survive, as reported in a federal study in 2005. In my experience, the failures occur because the relocation process and relocation regulations must be understood and closely followed by the business and condemning public agency for the business to receive proper reimbursements of relocation expenses, and those regulations are frequently improperly followed. Several factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), these include:
Factors Affecting the Level of Success for Business Relocations in Eminent Domain
Several key factors will influence the level of success a business experiences with relocating while following the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the State Relocation Regulations. A few of those include:
The particular circumstances of the real property being condemned
The circumstances of the business type being displaced
The condemning public agency’s approach to relocation
The ability to soften or overcome those factors listed above
The business owner’s approach to relocating their business.
For this discussion, I’ll focus on the business’s most controllable part of the process, the business owner and their approach to relocating while following the URA or state regulations.
Best Practices for Eminent Domain Business Relocation Planning
For the best relocation outcome, the business owner will want to use the proper approach to the relocation process. There is a cause and effect science to the relocation process, which we want to control to create the best results. It starts with the business owner’s approach to the relocation. Below is a list of best practices that I recommend while advising business owners through their relocations in eminent domain.
Work with the displacing public agency as much as reasonably possible. Take advantage of the services they offer you.
Educate yourself on your relocation benefits (see my Indiana Eminent Domain Relocation Compensation Regulations cheat sheet below), determine how best to use them for your situation, know how to qualify for them, and how to not lose them.
Denying that a certain item or items you own cannot be relocated.
Not gaining ownership or control of fixtures used in your business
Complaining about the public agency, project, or circumstances that interfere with properly planning your business relocation for its best outcome.
Assuming that you can relocate using normal business best practices and expect to receive proper relocation reimbursements. You must follow the details of the Uniform Act, no matter how seemingly nonsensical they appear.
Start planning early, start before the displacing public agency starts for you (read more on preplanning your eminent domain relocation). Continue your preplanning into relocation planning for developing an actual relocation plan report. You can use my 11-Step Business Relocation Planning as a guide for you. Start your planning with:
Updating your lease to reflect any improvements you have made to the real property and your right to remove your improvements and trade fixtures.
You will want a current inventory of equipment and other personal property that is owned or controlled by your business. If you are using landlord owned fixtures in your business, this is a good time to consider negotiating a purchase of those items to give you the right to remove them and the right to relocation compensation for those items.
Begin searching for a replacement property as soon as you feel or know that your business will be displaced. However, don’t incur costs or move until you have received a Relocation Benefits Eligibility Letter from the displacing public agency.
Dedicate the time necessary for you and/or key employees to organize, plan, and perform the relocation tasks necessary for the duration of the relocation process, while not sacrificing the necessary time for ongoing business operations.
File relocation claims with the displacing public agency as you incur an obligation to the costs. File claims early and often.
Relocation claims should be well described and supported. Don’t dump unorganized costs onto the public agency’s relocation agent and expect them to arrive at the best reimbursement for you. No shoe box relocation claim submittals.
Request any public agency claim denials for relocation benefits to be in writing. Verbal denials from the public agency’s relocation agent are a frequent cause of misinformation and misunderstanding of benefits causing an unnecessary loss of eligible relocation compensation.
If your business is more complicated than a small insurance or real estate office, or, you feel that you are not being properly treated by the displacing public agency, consider talking with an eminent domain relocation consultant.
This summary of best practices will hopefully get you started on the right foot with your business relocation. Business relocation planning within eminent domain is one of my favorite services I provide and my favorite topic for conversation. Please feel free to call me to discuss your situation.
Questions and Answers on Eminent Domain and Business Relocations
If you have questions, feel free to contact me for answers while planning your relocation, which may include but not limited to:
What do you do next, starting from the point where you are in your relocation process?
How do you apply the best practices to your specific business relocation planning?
What are your eligible relocation benefits and compensation?
How and when do you become eligible for relocation benefits and compensation?
How do you prevent a loss of your relocation benefits and compensation?
How can you get out of a pickle in your current relocation situation?
What do I need to know about the Uniform Relocation Act, relocation advisory services, relocation assistance, and relocation planning?
When and why would I want an eminent domain relocation consultant for planning my move? Also, see FAQ of Martyn Daniel.
You can contact me at 425-398-5708 or . There’s no obligation for your contact, it will simply be a good productive conversation. Business owners and their representatives, attorneys, appraisers, and public agency representatives are all welcome to call.
Below
is a partial list and links to projects where the Indiana State Department of
Transportation (INDOT) will likely be purchasing private property for a project’s
new right-of-way under eminent domain and making business relocation payments
for business displacements caused by the projects while following the federal Uniform
Relocation and Acquisition Act (URA).
If you are aware of other projects or familiar with current events on the above projects, please let us know. We would be pleased to update and share information.
Indiana Eminent Domain Relocation Benefits and Compensation Regulations, Abbreviated
425-398-5708