Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 30. Department of Transportation
Chapter 41. Rules and Regulations Governing Relocation Assistance

24VAC30-41-100. Relocation planning at conceptual stage.

A. A project will be considered to be in the conceptual stage from the time preliminary plans are issued by the location and design division showing alternate roadway location alignments, until the final location is approved.

B. Upon receipt of location study plans, the district office will perform a review to compile right of way and relocation costs and estimates for each proposed alignment. The information will be secured from visual observations and secondary sources and compiled into a Relocation Assistance Report. Potential displacees will normally not be contacted at this time.

The Relocation Assistance Report will contain the following information:

1. An estimate of households to be displaced, including the family characteristics (e.g., minorities, approximate income levels, tenure, elderly, large families).

2. Divisive or disruptive effect on the community such as separation of residences from community facilities or separation of neighborhoods.

3. Impact of displacement on housing availability where relocation is likely to take place.

4. The number of businesses, nonprofit organizations and farms that would be acquired and the estimated number of employees affected.

5. An assessment of the effect the nonresidential displacements will have on the economy and stability of the community.

6. Major businesses being displaced that will require advance coordination and planning are to be contacted and advised of the studies being made by VDOT and of the opportunities for their input through public hearings and meetings.

7. A description of available housing in the area that is appropriate to provide housing for the types of families to be displaced. Contact should be made with local real estate firms, listing services, newspapers, housing agencies, local community organizations, etc.

8. A description of special relocation advisory services that will be necessary for identified unusual conditions, such as a concentration of elderly displacees.

9. A description of the actions proposed to remedy insufficient relocation housing, including, if necessary, housing of last resort. In the event it is found that there is an insufficient supply of housing, inquiries should be made of real estate developers, construction firms, public officials and interested parties to determine their willingness to assist in providing the necessary replacement housing and the conditions under which they would be willing to render this service.

10. Outcome of consultation with local officials, service agencies and community groups regarding the impact on the community affected.

11. An estimate of relocation costs, separated as follows:

a. Cost of moving personal property for residential units, businesses, farm operations and nonprofit organizations;

b. Cost of replacement housing payments for displaced individuals and families, including typical mortgage interest differentials and closing costs incident to the purchase of replacement facilities;

c. Cost potentially incurred by businesses, farms and nonprofit organizations in searching for replacement facilities; and

d. Reestablishment costs for small businesses, farms and nonprofit organizations.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.