CONSEQUENTIAL DISPLACEMENTS

CONSEQUENTIAL DISPLACEMENTS Great Lakes Region 3 ROW Meeting November 7-8, 2012 Mike Moran MnDOT Relocation Supervisor MS 631 – 395 John Ireland Blvd St. Paul, MN 55155 651-366-3481

Eligibility for Relocation Benefits Broad regulatory definition: • “The term displaced person means…any person who moves from the real property or moves his or her personal property from the real property… • A) as a direct result of a written notice of intent to acquire, initiation of negotiations for, or the acquisition of such real property in whole or in part…” (49 CFR 24.2(9))

Eligibility for Relocation Benefits • Definition: • The term “Consequential Displacement” refers to the displacement of an occupant from an unacquired remaining portion of a parcel when the displacement is determined to be as a direct result of an acquisition from the property.

Eligibility for Relocation Benefits Considerations that may “directly” displace … • Contract requirements • acquisition triggers a contractual requirement to move • franchise agreement, legal contract; commitment, etc… • determined Objectively • Practical business requirements • acquisition makes it economically or physically necessary • profitability, configuration, location, etc.. • determined Subjectively; • factors vary by situation and may include: type of business, type of project impacts, current profitability, and whether the move has already occurred

CONSEQUENTIAL DISPLACEMENTS