2006 Minnesota Statutes

117.52 UNIFORM RELOCATION ASSISTANCE.
    Subdivision 1. Lack of federal funding. In all acquisitions undertaken by any acquiring
authority and in all voluntary rehabilitation carried out by a person pursuant to acquisition or as
a consequence thereof, in which, due to the lack of federal financial participation, relocation
assistance, services, payments and benefits under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, United States Code, title 42, sections 4601 to 4655, as
amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, Statutes
at Large, volume 101, pages 246 to 256 (1987), are not available, the acquiring authority, as a cost
of acquisition, shall provide all relocation assistance, services, payments and benefits required
by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and those
regulations adopted pursuant thereto, and either (1) in effect as of January 1, 2006, or (2) becoming
effective after January 1, 2006, following a public hearing and comment. Comments received by
an acquiring authority within 30 days after the public hearing must be reviewed and a written
response provided to the individual or organization who initiated the comment. The response and
comments may be addressed in another public hearing by the acquiring authority before approval.
    Subd. 1a. Reestablishment costs limit. For purposes of relocation benefits paid by
the acquiring authority in accordance with this section, the provisions of Code of Federal
Regulations, title 49, section 24.304, with respect to reimbursement of reestablishment expenses
for nonresidential moves are applicable, except that the acquiring authority shall reimburse the
displaced business for expenses actually incurred up to a maximum of $50,000.
    Subd. 2. Acquisitions for highway purposes. Despite subdivision 1, with respect
to acquisitions for highway purposes or acquisitions for which the state Department of
Transportation performs relocation assistance services for the Department of Administration, the
regulations of the United States Department of Transportation may be applied to all displaced
persons who would otherwise be eligible for such relocation assistance, services, payments and
benefits thereunder but for the lack of federal financial participation.
    Subd. 3. Exception. This section shall not apply in the case where federal financial
participation for provision of relocation assistance, services, payments and benefits in connection
with an acquisition has been procured or committed pursuant to section 117.51 and has then
been withdrawn by the United States, unless the acquiring authority subsequently determines to
proceed with the acquisition in question using nonfederal funds.
    Subd. 4. Relocation assistance amount determined by administrative law judge.
Notwithstanding any law or rule to the contrary, if a person entitled to relocation assistance under
this section does not accept the acquiring authority's offer, the acquiring authority must initiate
contested case proceedings under sections 14.57 to 14.66 for a determination of the relocation
assistance that must be provided by the acquiring authority. The administrative law judge's
determination of relocation assistance that the acquiring authority must provide constitutes a final
decision in the case, as provided in section 14.62, subdivision 4. The acquiring authority must pay
all costs of the proceedings. "Costs" is defined in section 15.471, subdivision 4, and also includes
charges billed by the Office of Administrative Hearings for the proceedings.
History: 1973 c 604 s 3; 1976 c 166 s 7; 1984 c 633 s 1; 1987 c 80 s 1; 1988 c 698 s 1;
1989 c 83 s 1; 2006 c 214 s 17-19