Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 27.00 - Relocation Assistance
Section 27.05 - Relocation Payments to Business Concerns, Non-Profit Organizations and Farm Operations

(1) Eligible Expenses. Any business, including a non-profit business or farm operation, which qualifies as a displaced person is entitled to payment for actual and reasonable moving and related expenses. The displacing agency, in providing such payments, shall assure that each displaced business is treated in a fair and equitable manner and that the relocation is undertaken in a manner that minimizes costs commensurate with successful accomplishment of the move. These moving and related expenses shall be determined in the same manner as similar expenses are determined under federal regulations appearing at 49 CFR 24.303, 24.304, 24.305, and 24.306, (as amended and as they may be amended), and any pertinent guidelines issued by the Bureau.

(2) Temporary Move. A business that makes a temporary move for the convenience of the displacing agency shall be compensated for both the temporary move and the subsequent move to a permanent location.

(3) Inventory of Personal Property. The owner of a displaced business shall prepare and present to the relocation advisory agency an inventory of personal property to be moved. This inventory shall be certified by the business owner and the relocation advisory agency after inspection of the property by the agency. The certified inventory shall be checked against the real/personal property report to insure that items which are included as part of the real property are not inventoried as personal property. Businesses with fluctuating inventories shall have their inventories recertified immediately prior to displacement.

(4) Move Specifications When deemed necessary by the displacing agency, the owner of the displaced business shall prepare and present to the relocation advisory agency written move specifications detailing the work reasonably necessary to disconnect, move, and reinstall personal property included on the certified inventory. Move specifications may include contractual work, separated into work categories, to be done in connection with the disconnection and reconnection of a business' moved or substituted property. The relocation advisory agency shall review the move specifications to assure that the work specified is reasonably necessary in order to disconnect, move and install personal property. Move specifications shall be prepared before the move or any contractual work in connection with the move shall have begun , and shall not be finalized until the business has identified a replacement location. On request, the relocation advisory agency may assist the business in preparing move specifications.

(5) Negotiated Self-Moves. A displaced business, with the advance agreement of the displacing agency, may make a self-move as long as the amount eventually claimed for relocation payment does not exceed a maximum negotiated between the business and the relocation advisory agency in advance of the move. In such a case the business shall use its own employees and/or movers and contractors to make the move. The Bureau shall issue guidelines setting out the process to be followed when a displaced business seeks to make a negotiated self-move.

(6) Bids. A displaced business shall use sound business practices when employing movers and/or contractors for a move. Whenever feasible, three competitive written bids based upon clear and complete specifications shall be obtained by the displaced business for each category of work to be performed and in advance of the move. The relocation advisory agency shall review the specifications prior to bids being sought. The displaced business shall make solicitations only to qualified and capable movers and/or contractors, and shall certify to the relocation advisory agency that all responses, of which it shall provide copies, were independent and bona fide.

(7) Notice to Move By a Displaced Business. A displaced business shall send notice to the relocation advisory agency of its intent to move at least 30 days prior to the moving date. This notice shall include the address of the replacement location and the anticipated commencement of the move. The notice shall include a list of property(if any) to be sold qualifying for the benefit of the direct loss of property and a copy of the move specifications if they are necessary and have not previously been provided. If the displaced business does not provide this notice in a timely manner, a relocation payment shall not be made unless the displacing agency has suffered no substantial prejudice as a result. If there is good cause for failure to provide timely notice and the displaced business has provided some prior notice about a move, notwithstanding prejudice, the displacing agency may make a relocation payment.