HAR §15-24-3. Number

The use of all words used in the singular shall extend to and include the plural. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-3 is based substantially upon §15-18-30. [Eff 9/22/84; am 5/11/85; R 2/11/91] UNOFFICIAL COMPILATION NOVEMBER 1999 -5- §15-24-4 Relocation payments. Except as provided as optional payments in §§15-24-6, 15-24-21 and 15-24-28, any person displaced by any governmental agency shall be entitled to receive a payment for actual reasonable moving expenses, supported by a receipted bill or other evidences of expenses incurred. The distance of the move shall not exceed fifty miles measured in a straight line. There is no occupancy time limit for eligibility for moving expense payments. Where it is shown to be in the public interest, the executive director may give prior approval to more than one move of a displaced person. In order to obtain a moving expense payment, a displaced person shall file written claim with the displacing governmental agency on a form provided by the authority. By written prearrangement among the displacing governmental agency, the displaced person, and the mover, the displaced person may present an unpaid moving bill to the displacing governmental agency and the agency may pay the mover directly. The agency may enter into a contract with independent movers on a scheduled basis and furnish a displaced person with a list of movers to choose from to move the person's property. In such instances, the displacing governmental agency shall pay the mover. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-4 is based substantially upon §15-18-3. [Eff 9/22/84; am 5/11/85; R 2/11/91] §15-24-5 Partial acquisition. Where partial acquisition of real property occurs, the cost of moving personal property from the area acquired to a remainder area shall be considered moving expenses eligible for compensation if removal of the property is necessary and is not otherwise compensated. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-5 is based substantially upon §15-18-6. [Eff 9/22/84; R 2/11/91] §15-24-6 Optional relocation payments for displaced persons - general. (a) Where necessary, a displaced person falling within §15-24-4 may store personal property for a reasonable time pending location of replacement housing or business location but in no event shall the storage be for a period exceeding one year. The cost of storage shall be considered as part of the moving costs. These costs shall be paid only after a showing of necessity for storage and approval by the displacing governmental agency. A displacee UNOFFICIAL COMPILATION NOVEMBER 1999 -6- receiving an in-lieu-of payment in accordance with §§15-24-21(b) and 15-24-28(b) shall not be eligible for a storage payment. (b) In lieu of the payments authorized by §§15-24-4, 15-24-21 and 15-24-28, the displacing governmental agency may, at its expense, undertake to move as applicable the personal effects or business to the site to which the displaced person is to be relocated. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-6 is based substantially upon §15-18-3. [Eff 9/22/84; am 5/11/85; R 2/11/91] §15-24-7 Ineligible moving and related expenses. A displaced person is not entitled to payment for: (1) The cost of moving any structure or other real property improvement; (2) Interest on a loan to cover moving expenses; (3) Loss of goodwill; (4) Loss of profits; (5) Loss of trained employees; (6) Any additional operating expenses of a business incurred because of operating in a new location except as provided in §15-24-22(b)(8); (7) Personal injury; (8) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the agency; (9) Expenses for searching for a replacement dwelling; (10) Physical changes to the real property at the replacement location of a business except as provided in §§15-24-21(e) and 15-24-22(b); or (11) Costs for storage of personal property on real property already owned or leased by the displaced person. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) §15-24-8 Displacement by private action. (a) The authority may provide advisory services to individuals, families and businesses displaced by private action within the district, provided that the assistance shall not include any form of direct monetary payments, except that the authority may make relocation loans to displaced businesses in accordance with this chapter. The advisory services may include, but not be limited to, assistance in securing relocation sites within and outside the district. UNOFFICIAL COMPILATION NOVEMBER 1999 -7- (b) Temporary relocation facilities may be made available to private action displacees provided that those displaced by government action are to be given priority to the use of the facilities. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-8 is based substantially upon §15-18-21. [Eff 9/22/84; R 2/11/91]