Part III. Written Notices
24VAC30-41-130. General.
Written notices must be furnished each displaced person to ensure full understanding of the benefits and services available. A copy of the notices referred to in 24VAC30-41-140, 24VAC30-41-150, and 24VAC30-41-160 must be placed in the project files after delivery to each recipient.
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.
24VAC30-41-140. Notice of intent to acquire.
A. The purpose of the notice of intent to acquire is to establish eligibility for relocation benefits prior to the initiation of negotiations for the parcel. It is utilized in exceptional circumstances to relieve hardship to displacees. It is primarily applicable to residential owners who are prevented from selling a home because of the knowledge in the area of an impending project. It is also applicable to tenants and to owners of unimproved property.
B. The Virginia Department of Transportation (VDOT) must determine that a hardship exists for the occupants of the property in order to utilize the notice of intent to acquire. Such hardship may arise from a change in employment requiring a move; illness or infirmity making it difficult to live in and maintain the occupied property; or financial inability to pay costs of ownership or rental.
C. When the notice of intent to acquire is furnished to an owner, it must also be furnished to any tenants within 15 days. When the notice is furnished a tenant, the owner must simultaneously be furnished with a copy of such notice.
D. The notice letter will include a statement of eligibility, the anticipated date of initiation of negotiations for the acquisition of the parcel and how additional information on relocation assistance benefits and services can be obtained.
E. The notice of intent to acquire will be issued only after authorization is received to initiate negotiations on the project, or authorization of acquisition of individual parcels solely for protective buying or because of hardship. When the notice is issued, every effort should be made to acquire the property as soon as possible, to prevent possible subsequent tenant occupancy and to minimize rental vacancy loss for the owner.
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.
24VAC30-41-150. Notice of replacement housing payment.
A. Residential owners and tenant occupants will be advised in person or by certified mail of the amount of the maximum replacement housing payments for which they are eligible. This notice will also provide the specific comparable dwelling which was used as the basis for the purchase or rental supplement and which is referred to as available for occupancy.
B. When feasible the Replacement Housing Payment Notice should be delivered at the time of the initiation of negotiations for the parcel.
C. If the maximum purchase or rent supplement payment cannot be established prior to the initiation of negotiations due to unusual circumstances which exist, such as large household size, low family income, unusually large number of rooms in the existing dwelling, absence of available comparable dwellings, or any combination of these, the owners will be fully advised of the entitlement to benefits during the first negotiations contact. They will also be advised that they will not be required to move until at least 90 days after the date when comparable housing is offered and they are informed of the maximum replacement housing benefit amount for which they are eligible. Tenants for whom payment amounts are not yet established will be similarly advised.
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.
24VAC30-41-160. Ninety-day assurance notice.
A. The construction or development of a highway project must be scheduled so that to the greatest extent practicable assurance will be made that no person lawfully occupying real property will be required to move from a dwelling, business, farm or nonprofit organization for at least 90 days from the date the written offer for the property is made by the department.
B. A 90-day assurance notice will be issued when a written offer for the property is made. In the case of a residential displacee, the 90-day assurance notice will be issued on or after the date a written offer for the property and the replacement housing payment offer have been made. The 90-day assurance notice will state that the displaced person will not be required to move from a dwelling, business, farm or nonprofit organization before 90 days from the date of the notice. The 90-day assurance notice will further state the displaced person will be given a specific date by which the property must be vacated in a final written notice to be issued at least 30 days in advance of the specific date.
C. The final written notice may be given to the displaced person at the time the department has legal possession of the property, provided the specific vacation date is at least 90 days after the date the written offer for the property was made and at least 30 days in advance of the date the property must be vacated. No written final notice will be required where a displaced person moves prior to the time such notice should be given. The file should indicate that the displaced person moved prior to the final notice being issued.
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.