Bill Text: MS HB723 | 2013 | Regular Session | Introduced
Bill Title: Relocation payments; increase amount allowed as payment to persons displaced by governmental projects.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB723 Detail]
Download: Mississippi-2013-HB723-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Property; Appropriations
By: Representative Johnson
House Bill 723
AN ACT TO AMEND SECTIONS 43-39-7, 43-39-9 AND 43-39-11, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNTS OF THE PAYMENTS MADE TO INDIVIDUALS AND ENTITIES DISPLACED BY CERTAIN GOVERNMENT PROJECTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-39-7, Mississippi Code of 1972, is amended as follows:
43-39-7. (1) If a displacing agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter for:
(a) Actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;
(b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the agency;
(c) Actual reasonable expenses in searching for a replacement business or farm; and
(d) Actual reasonable
expenses necessary to reestablish a displaced farm, nonprofit organization or
small business at its new site in accordance with criteria to be established by
the displacing agency, but not to exceed * * * Twenty-five
Thousand Dollars ($25,000.00).
(2) Any displaced person eligible for payments under subsection (1) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (1) of this section may receive an expense and dislocation allowance which shall be determined according to a schedule established by the displacing agency.
(3) Any displaced person
eligible for payments under subsection (1) of this section, who is displaced
from his place of business or from his farm operation and who is eligible under
criteria established by the displacing agency may also qualify for the payment
authorized by this subsection. Such payment shall consist of a fixed payment
in an amount to be determined by the agency, except that such payment shall not
be less than One Thousand Dollars ($1,000.00) nor more than * * *
Forty
Thousand Dollars ($40,000.00). A person whose sole business at the
displacement dwelling is the rental of such property to others shall not
qualify for a payment under this subsection.
SECTION 2. Section 43-39-9, Mississippi Code of 1972, is amended as follows:
43-39-9. (1) In addition
to payments otherwise authorized by this chapter, such displacing agency shall
make an additional payment not in excess of * * * Thirty-one Thousand Dollars ($31,000.00) to any
displaced person who is displaced from a dwelling actually owned and occupied
by the displaced person for not less than * * * ninety (90)
days * * *
before the initiation of negotiations for the acquisition of the
property. The additional payment shall include the following elements:
(a) The amount, if any, which when added to the acquisition cost of the dwelling acquired, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment, and available on the private market. All determinations required to carry out this paragraph shall be determined by regulations issued pursuant to Section 43-39-17;
(b) The amount, if
any, which will compensate the displaced person for any increased interest
costs and other debt service costs which the person is required to pay for
financing the acquisition of any such comparable replacement dwelling. The
amount shall be paid only if the dwelling acquired by the displacing agency was
encumbered by a bona fide mortgage which was a valid lien on the dwelling for
not less than * * * ninety (90) days * * * before the initiation of
negotiations for the acquisition of the dwelling. Payment determinations shall
be in accordance with regulations issued pursuant to Section 43-39-17; and
(c) Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
(2) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling within one (1) year after the date on which he receives final payment from the displacing agency for the acquired dwelling, or the date on which the displacing agency's obligation under Section 43-39-13, is met, whichever is the later date, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one (1) year of such date.
SECTION 3. Section 43-39-11, Mississippi Code of 1972, is amended as follows:
43-39-11. (1) In addition
to amounts otherwise authorized by this chapter, the head of a displacing
agency shall make a payment to or for any displaced person displaced from any
dwelling not eligible to receive a payment under Section 43-39-9, which
dwelling was actually and lawfully occupied by the displaced person for not
less than ninety (90) days immediately prior to the initiation of negotiations
for acquisition of such dwelling, or in any case in which displacement is not a
direct result of acquisition, such other event as the head of the agency shall
prescribe. Such payment shall consist of the amount necessary to enable such
person to lease or rent for a period not to exceed forty-two (42) months, a
comparable replacement dwelling, but not to exceed * * * Seven
Thousand Two Hundred Dollars ($7,200.00). At the discretion
of the head of the displacing agency, a payment under this subsection may be
made in periodic installments. Computation of a payment under this subsection
to a low-income displaced person for a comparable replacement dwelling shall
take into account such person's income.
(2) Any person eligible for
a payment under subsection (1) of this section may elect to apply such payment
to a down payment on, and other incidental expenses pursuant to, the purchase
of a decent, safe and sanitary replacement dwelling. Any such person may, at
the discretion of the head of the displacing agency, be eligible under this
subsection for the maximum payment allowed under subsection (1) * * *
.
(3) The maximum amount of relocations payments allowable, as provided under the provisions of this section and Sections 49-39-7 and 49-39-9, shall be increased automatically to the amounts established by the appropriate federal regulations, including 49 CFR Section 24, or its equivalent.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.
