People
A separate programme, and a separate pot of money
Compensation pays for the property. Relocation assistance pays part of the cost of being displaced from it. They are governed by different rules, and accepting one does not waive the other.
The framework
The Uniform Relocation Act and its state equivalents
Federal and federally assisted acquisitions are governed by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, generally called the URA. Most states have adopted comparable provisions for acquisitions that do not involve federal money, so some version of the programme usually applies.
The programme is administered rather than negotiated. Benefits are defined by category with documentation requirements and limits, and claims are made on forms within time limits. That makes it bureaucratic, and it also makes it predictable: owners and tenants who make the claims generally receive them.
The most common failure is simply not claiming. Displaced tenants in particular frequently do not know the programme exists, and the agency\u2019s duty to inform is not always discharged well.
Categories
What is typically covered
| Benefit | Who | Notes |
|---|---|---|
| Moving expenses | Owners and tenants, residential and business | Actual reasonable cost, or a fixed schedule amount |
| Replacement housing payment | Owner occupiers meeting an occupancy period | Bridges the gap to a comparable replacement dwelling, up to a limit |
| Rental assistance | Displaced tenants | Difference in rent over a defined period, up to a limit |
| Downpayment assistance | Some displaced tenants buying instead of renting | In place of rental assistance |
| Business reestablishment | Displaced businesses | Defined categories, up to a statutory cap |
| Search expenses | Businesses and farms | Cost of finding replacement premises |
| Advisory services | All displaced persons | Help identifying comparable replacement property |
Questions about relocation
Does accepting relocation assistance affect my compensation claim
No. They are separate. Accepting moving expenses does not waive any argument about what the property is worth.
I rent. Do I get anything
Usually yes, if you were in occupation before the relevant date. Tenants are eligible for moving expenses and rental assistance under the programme, and these are among the most under claimed benefits in it.
How long do I have to claim
There are deadlines, commonly measured from the date of displacement, and they vary. Ask the agency relocation officer in writing for the applicable dates and keep the answer.
Is relocation assistance taxable
Under the federal programme relocation payments are generally not treated as income. The tax treatment of the compensation for the property is a different question, covered at Eminent Domain Tax Help.
What if the agency says I am not eligible
Eligibility decisions can be appealed, and the programme includes a grievance procedure. Get the refusal and the reason in writing.
Not sure what to do next
Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.