New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 11 - RELOCATION ASSISTANCE AND EVICTION
Subchapter 3 - RELOCATION PAYMENTS
Section 5:11-3.9 - Moving expenses; business
Universal Citation: NJ Admin Code 5:11-3.9
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A relocation payment for moving expenses of a business shall be limited to the following items, as applicable:
1. The actual
reasonable and necessary cost of moving the tangible personal property for a
maximum distance of 50 miles, unless the distance is enlarged by the displacing
agency, for cause.
2. The actual
reasonable and necessary cost incurred for inspection and license fees required
by statute or local ordinance to permit the operation of the business at the
new location.
3. The actual
reasonable and necessary cost of reconnecting utility service to machinery and
equipment, including, without limitation, the cost incurred in adapting or
converting relocated machinery or equipment to use a different type of power
supply, to the extent that these services were required in the former location.
Expenses incurred in providing utility service from the right-of-way to the
building or improvements are excluded.
4. The actual reasonable and necessary cost
incurred for any physical changes in or to an existing building to which a
business relocates in order to accommodate the machinery and equipment
relocated. Physical changes beyond those necessary to accommodate the machinery
and equipment and which enhance the property's value are excluded, as are
changes necessary to meet code requirements except when necessary to install
specific equipment moved from the former location. The amount incurred shall
not exceed the fair market value of the machinery and equipment requiring the
physical change. In the event the cost does exceed the fair market value of the
machinery and equipment, the displacing agency shall then be responsible to pay
only the fair market value.
5. The
owner of a displaced business may elect to replace with a comparable item any
item of personal property, including, without limitation, outdoor advertising
displays or signs, utilized in its operation which is not to be moved. In such
a case, the amount of the moving expense payment shall be the lesser of:
i. The actual cost of the substitute
equipment delivered and installed at the new location less any proceeds from
the disposition of the old equipment or, if a bona fide sale cannot be made,
less the market value of the old equipment as determined by an independent
appraisal; and
ii. The estimated
cost of relocating the old equipment, as determined by the displacing
agency.
(b) The business move may be accomplished by either of two methods, as described in this subsection:
1. The displaced business
may use licensed moving companies or contractors as required and, if it does
provide the displacing agency with moving cost estimates from three licensed
moving companies or contractors. The displacing agency shall choose one of the
three estimates and authorize payment up to that amount. In the event the
displacing agency does not accept any of the three estimates provided, it may
obtain one estimate and choose one of the four estimates and authorize payment
up to that amount. The business may then use any mover it so chooses and be
responsible for any additional cost.
2. The displaced business may choose to move
itself upon prior notice to the displacing agency and shall submit the three
moving estimates as in (b)1 above. The amount of the moving cost payment shall
be the lesser of the bid chosen or the estimate obtained by the displacing
agency.
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