(a)  If a relocation agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter, for:

(1)  Actual reasonable expenses in moving him or herself, his or her family, business, farm operation, or other personal property;

(2)  Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses required to relocate the property, as determined by the relocation agency; and

(3)  Actual reasonable expenses in searching for a replacement business or farm.

Terms Used In Rhode Island General Laws 45-31.2-3

  • Business: means any lawful activity, excepting a farm operation, conducted primarily:

    (i)  For the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

    (ii)  For sale of services to the public;

    (iii)  By a nonprofit organization; or

    (iv)  Solely for the purposes of § 45-31. See Rhode Island General Laws 45-31.2-2

  • Displaced person: means any person who, on or after January 2, 1971, moves from real property, or moves his or her personal property from real property, as a result of the acquisition of that real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a relocation agency; and, solely for the purposes of §§ 45-31. See Rhode Island General Laws 45-31.2-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Rhode Island General Laws 45-31.2-2
  • Person: means any individual partnership, corporation, or association. See Rhode Island General Laws 45-31.2-2
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Relocation agency: means any agency, state or local, receiving federal assistance to carry out a relocation program. See Rhode Island General Laws 45-31.2-2

(b)  Any displaced person eligible for payments under subsection (a), who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a), may receive a moving expense allowance, determined according to a schedule established by the relocation agency, not to exceed the amount established by the federal law; and a dislocation allowance of an amount established by federal law.

(c)  Any displaced person eligible for payments under subsection (a), who is displaced from his or her place of business or from his or her farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a), may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that the payment shall not be less than an amount established by the federal law nor more than an amount established by the federal law. In the case of a business, no payment shall be made under this subsection unless the relocation agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the state, which is engaged in the same or similar business. For purposes of this subsection, the term “average annual net earnings” means one-half (½) of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, or during another period that the agency determines to be more equitable for establishing the earnings, and includes any compensation paid by the business or farm operation to the owner, the owner’s spouse, or the owner’s dependents during that period.

History of Section.
P.L. 1972, ch. 129, § 1.