Utah Code 57-12-4. Federal funds — Direct assistance

(1)

When federal funds are available for payment of direct financial assistance to a person displaced by acquisition of real property by any agency, the displacing agency may use those federal funds with state or local funds to the extent provided by federal law and may provide direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

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Terms Used In Utah Code 57-12-4

Agency: means :

(a)	a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and

(b)

any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3

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

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

(b)	for the sale of services to the public;

(c)	by a nonprofit organization; or

(d)

for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3

Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3

Nonprofit organization: means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual. See Utah Code 57-12-3

Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3

Property: includes both real and personal property. See Utah Code 68-3-12.5

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Statute: A law passed by a legislature.

(2)

(a)	When federal funds are not available or used for payment of direct financial assistance to a person displaced by the acquisition of real property by an agency, the displacing agency may provide direct financial assistance to the person.

(b)	Except as provided in Subsection (3), financial assistance authorized by this Subsection (2) may not exceed the total amount that would have been payable under Subsection (1) if federal funds had been available or used.

(3)

(a)

The amount of direct financial assistance provided to a person displaced by acquisition of real property by any agency includes actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or business at a new site, in accordance with criteria established by the agency by rule, but not exceeding $50,000.

(b)

The $50,000 limit on direct financial assistance established in Subsection (3)(a):

(i)	applies despite any lower limit established by federal statute or regulation or agency rule; and

(ii)	does not apply if a higher limit is established by federal statute or regulation.

(4)

(a)	A displaced person eligible for payments under this chapter who is displaced from the person’s place of business or farm may accept payment under this Subsection (4) in lieu of any payment under the displacing agency’s rules if the person is eligible under the agency’s criteria.

(b)	A payment under this Subsection (4) is a fixed payment of at least $1,000 but not more than $75,000.

(c)	A person whose sole business at the site from which the person is displaced is the rental of property to others does not qualify for payment under this Subsection (4).

(5)	Assistance under this section may not be provided to a person who is ineligible to receive relocation assistance under a federal statute or regulation.

Amended by Chapter 261, 2008 General Session

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