(B)
Definitions
(1) "Agency" means the state,
state agency, or person that acquires real property or displaces a person.
(a) "Acquiring agency" means a state agency,
person, private agency or public agency which has the authority to acquire
property by eminent domain under state law, and a state agency, private agency
or public agency or person which does not have such authority.
(b) "Displacing agency" means any state
agency, person, private agency or public agency or person carrying out a
program or project with federal financial assistance, which causes a person to
be a displaced person.
(c) "Federal
agency" means any department, agency or instrumentality in the executive branch
of the government, any wholly owned government corporation, the architect of
the capitol, the federal reserve banks, and branches thereof, and any person
who has the authority to acquire property by eminent domain under federal
law.
(d) "State agency" means any
department, agency or instrumentality of the state or of a political
subdivision of the state, any department, agency, or instrumentality of two or
more states or of two or more political subdivisions of a state or states, and
any person who has the authority to acquire property by eminent domain under
state law.
(e) "Public agency"
means any governmental corporation, unit, organization, or officer authorized
by law to appropriate property in the courts of this state. "Private agency"
means any other corporation, firm, partnership, voluntary association,
joint-stock association, or company authorized by law to appropriate property
in the courts of this state. "Agency" includes any public agency or private
agency.
(2) Alien not
lawfully present in the United States.
The phrase "alien not lawfully present in the United States"
means an alien who is not "lawfully present" in the United States as defined in
8 CFR 103.12 (2011) and includes:
(a)
An alien present in the United States who has not been admitted or paroled into
the United States pursuant to the Immigration and Nationality Act
8
U.S.C. 1101 et seq. (2013) and whose stay in
the United States has not been authorized by the United States attorney
general; and,
(b) An alien who is
present in the United States after the expiration of the period of stay
authorized by the United States Attorney General or who otherwise violates the
terms and conditions of admission, parole or authorization to stay in the
United States.
(3)
"Appraisal" means a written statement independently and impartially prepared by
a qualified appraiser setting forth an opinion of defined value of an
adequately described property as of a specific date, supported by the
presentation and analysis of relevant market information.
(4) "Business" means any lawful activity,
except a farm operation, that is conducted:
(a) Primarily for the purchase, sale, lease
and/or rental of personal and/or real property, and/or for the manufacture,
processing, and/or marketing of products, commodities, and/or any other
personal property; or
(b) Primarily
for the sale of services to the public; or
(c) By a nonprofit organization that has
established its nonprofit status under applicable federal or state
law.
(5) Citizen.
The term citizen for purposes of this part includes both
citizens of the United States and noncitizen nationals.
(6) "Comparable replacement dwelling" means a
dwelling which is:
(a) Decent, safe and
sanitary;
(b) Functionally
equivalent to the acquired displacement dwelling. The term "functionally
equivalent" means that it performs the same function and provides the same
utility. While a comparable replacement dwelling need not possess every feature
of the displacement dwelling, the principal features must be present.
Generally, functional equivalency is an objective standard, reflecting the
range of purposes for which the various physical features of a dwelling may be
used. However, in determining whether a replacement dwelling is functionally
equivalent to the displacement dwelling, the agency may consider reasonable
trade-offs for specific features when the replacement unit is equal to or
better than the displacement dwelling.
(c) Adequate in size to accommodate the
occupants;
(d) In an area not
subject to unreasonable adverse environmental conditions;
(e) In a location generally not less
desirable than the location of the displaced person's dwelling with respect to
public utilities and commercial and public facilities, and reasonably
accessible to the person's place of employment;
(f) On a site that is typical in size for
residential development with normal site improvements including customary
landscaping. The site need not include special improvements such as
outbuildings, swimming pools, or greenhouses;
(g) Currently available to the displaced
person on the private market. However, a comparable replacement dwelling for a
person receiving government housing assistance before displacement may reflect
similar government housing assistance. In such cases any requirements of the
government housing assistance program relating to the size of the replacement
dwelling shall apply; and
(h)
Within the financial means of the displaced person.
(i) A replacement dwelling, purchased by a
homeowner in occupancy at the displacement dwelling for at least
ninety days prior to initiation of negotiations, is
considered to be within the homeowner's financial means if the homeowner will
receive the full price differential as described in paragraph (A)(2) of rule
5501:2-5-04
of the Administrative Code, all increased interest costs as described in
paragraph (A)(4) of rule
5501:2-5-04
of the Administrative Code, and all incidental expenses as described in
paragraph (A)(5) of rule
5501:2-5-04
of the Administrative Code, plus any additional amount required to be paid
under paragraph (D) of rule
5501:2-5-04
of the Administrative Code.
(ii) A
replacement dwelling rented by a displacee is considered to be within his/her
financial means if, after receiving the rental assistance payment as described
in paragraph (B)(2)(a) of rule
5501:2-5-04
of the Administrative Code, the displacee's monthly rent and estimated average
monthly utility costs for the replacement dwelling do not exceed the person's
base monthly rental cost for the displacement dwelling as described in
paragraph (B)(2)(b) of rule
5501:2-5-04
of the Administrative Code.
(iii)
For a displaced person who is not eligible to receive a replacement housing
payment because of the person's failure to meet length-of-occupancy
requirements, comparable replacement rental housing is considered to be within
the person's financial means if an agency pays that portion of the monthly
housing costs of a replacement dwelling which exceeds the person's base monthly
rent for the displacement dwelling. Such rental assistance must be paid as
described in paragraph (D) of rule
5501:2-5-04
of the Administrative Code.
(i) For a person receiving government housing
assistance before displacement, a dwelling that may reflect similar housing
assistance. In such cases any requirements of the government housing assistance
program relating to the size of the replacement dwelling shall apply.
(7) "Contribute materially" means
that during the two taxable years prior to the taxable year in which
displacement occurs, or during such other period as the agency determines to be
more equitable, a business or farm operation:
(a) Had average annual gross receipts of at
least five thousand dollars; or
(b)
Had average annual net earnings of at least one thousand dollars; or
(c) Contributed at least one third of the
owner's or operator's average annual gross income from all sources.
(d) If the application of the above criteria
creates an inequity or hardship in any given case, the agency may approve the
use of other criteria as determined appropriate.
(8) "Decent, safe, and sanitary dwelling"
means a dwelling which meets applicable housing and occupancy codes. However,
any of the following standards that are not met by an applicable code shall
apply unless waived by the federal agency funding the project. The dwelling
shall:
(a) Be structurally sound,
weather-tight, and in good repair.
(b) Contain a safe electrical wiring system
adequate for lighting and other devices.
(c) Contain a heating system capable of
sustaining a healthful temperature (of approximately seventy degrees) for a
displaced person.
(d) Be adequate
in size with respect to the number of rooms and area of living space needed to
accommodate the displaced person. There shall be a separate, well-lighted and
ventilated bathroom that provides privacy to the user, and contains a sink,
bathtub or shower stall and toilet, all in good working order, and properly
connected to appropriate sources of water and to a sewage drainage system. In
the case of a housekeeping dwelling, there shall be a kitchen area that
contains a fully usable sink, properly connected to potable hot and cold water
and to a sewage drainage system, and adequate space and utility service
connections for a stove and refrigerator.
(e) Contains unobstructed egress to safe,
open space at ground level. If the replacement dwelling unit is on the second
story or above, with access directly from or through a common corridor, the
common corridor must have at least two means of egress.
(f) For a displaced person who is
handicapped, be free of any barriers which would preclude reasonable ingress,
egress, or use of the dwelling by such displaced person.
(9) "Displaced person" means any person who
moves from the real property or moves his or her personal property from the
real property as a direct result of:
(a) A
written notice of intent to acquire, the initiation of negotiations for, or the
acquisition of such real property, in whole or in part, for a project;
or
(b) Rehabilitation or demolition
for a project; or
(c) A written
notice of intent to acquire, or the acquisition, rehabilitation or demolition
of, in whole or in part, other real property on which the person conducts a
business or farm operation for a project. However, eligibility for such person
under this paragraph applies only for purposes of obtaining relocation advisory
services under paragraph (E)(3) of rule
5501:2-5-02
of the Administrative Code and moving expenses under paragraphs (A)(1) and
(A)(2) and paragraph (B) of rule 5502:2-5-03 of the Administrative
Code.
(10) "Person not
displaced" means a person who does not qualify as a displaced person under
rules 5501:2-5-01 to
5501:2-5-05 of the
Administrative Code. The following is a non-exclusive listing of persons who do
not qualify as displaced persons:
(a) A
person who moves before the initiation of negotiations, unless the agency
determines that the person was displaced as a direct result of the program or
project; or
(b) A person who
initially enters into occupancy of the property after the date of its
acquisition for the project; or
(c)
A person who has occupied the property for the purpose of obtaining assistance
under the Uniform Act.
(d) A person
who is not required to relocate permanently as a direct result of a project.
Such determination shall be made by the agency in accordance with any
guidelines established by the federal agency funding the project; or
(e) An owner-occupant who moves as a result
of a voluntary transaction. (See paragraph (B)(34) of this rule for definition
of a voluntary transaction)
(f)
Acquisitions for programs or projects undertaken by an agency or person that
receives federal financial assistance but does not have authority to acquire
property by eminent domain, provided that such agency or person shall:
(i) Prior to making an offer for the
property, clearly advise the owner that it is unable to acquire the property in
the event negotiations fail to result in an amicable agreement; and
(ii) Inform the owner of what it believes to
be fair market value of the property.
(g) A person whom the agency determines is
not displaced as a direct result of a partial acquisition; or
(h) A person who, after receiving a notice of
relocation eligibility, is notified in writing that he or she will not be
displaced for a project. Such notice shall not be issued unless the person has
not moved and the agency agrees to reimburse the person for any expenses
incurred to satisfy any binding contractual relocation obligations entered into
after the effective date of the notice of relocation eligibility; or
(i) An owner-occupant who voluntarily conveys
his or her property, after being informed in writing that if a mutually
satisfactory agreement on terms of the conveyance cannot be reached, the agency
will not acquire the property. In such cases, however, any resulting
displacement of a tenant is subject to rules 5501:2-5-01 to
5501:2-5-05 of the
Administrative Code; or
(j) A
person who retains the right of use and occupancy of the real property for life
following its acquisition by the agency; or
(k) A person who is determined to be in
unlawful occupancy prior to or after the initiation of negotiations, or a
person who has been evicted for cause under applicable law as provided in
paragraph (F) of rule
5501:2-5-02
of the Administrative Code. However, advisory assistance may be provided to
unlawful occupants at the option of the agency in order to facilitate the
project;
(l) A person who is not
lawfully present in the United States and who has been determined to be
ineligible for relocation assistance in accordance with paragraph (H) of rule
5501:2-5-02
of the Administrative Code; or
(11) "Dwelling" means the place of permanent
or customary and usual residence of a person, according to local custom or law,
including a single-family house; a single-family unit in a two family,
multi-family, or multi-purpose property; a unit of a condominium or cooperative
housing project; a non-housekeeping unit; a mobile home; or any other
residential unit.
(12) "Dwelling
site" means a land area that is typical in size for similar dwellings located
in the same neighborhood or rural area.
(13) "Farm operation" means any activity
conducted solely or primarily for the production of one or more agricultural
products or commodities, including timber, for sale or home use, and
customarily producing such products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
(14) "Federal financial assistance" means a
grant, loan, or contribution provided by the United States, except any federal
guarantee or insurance and any interest reduction payment to an individual in
connection with the purchase and occupancy of a residence by that
individual.
(15) "Financial
information" means information concerning the assets and liabilities, of the
displaced person. Financial information includes, but is not limited to, bank
statements, mortgage statements, federal or state tax documents, check stubs
and payroll records.
(16)
"Household income" means total gross income received for a twelve month period
from all sources (earned and unearned) including, but not limited to wages,
salary, child support, alimony, unemployment benefits, workers compensation,
social security, or the net income from a business. It does not include income
received or earned by dependent children and full time students less than
eighteen years of age.
(17)
"Initiation of negotiations" means
(a) The
delivery of the initial written offer of just compensation, by the agency, to
the owner or owner's representative, to purchase the real property for the
project whenever displacement results from the acquisition of the real property
by a state agency. However, if the agency issues a notice of its intent to
acquire the real property, and a person moves after that notice, but before
delivery of the initial written purchase offer, the "initiation of
negotiations" means the actual move of the person from the property.
(b) Whenever the displacement is caused by
rehabilitation, demolition or privately undertaken acquisition of the real
property (and there is no related acquisition by a federal agency or a state
agency), the "initiation of negotiations" means the notice to the person that
he or she will be displaced by the project or, if there is no notice, the
actual move of the person from the property.
(c) In the case of a permanent relocation to
protect the public health and welfare, under the Comprehensive Environmental
Response Compensation and Liability Act of 1980 ( Pub.L. 96-510, or
"Superfund") (CERCLA) the "initiation of negotiations" means the formal
announcement of such relocation or the federal or federally coordinated health
advisory where the federal government later decides to conduct a permanent
relocation.
(d) In the case of
permanent relocation of a tenant as a result of an acquisition of real property
described in paragraph (B)(34) of this rule, the initiation of negotiations
means the actions described in paragraphs (B)(17)(a) and (B)(17)(b) of this
rule, except that such initiation of negotiations does not become effective,
for purposes of establishing eligibility for relocation assistance for such
tenants under this part, until there is a written agreement between the agency
and the owner to purchase the real property.
(18) "Lead agency" means the Ohio department
of transportation unless otherwise designated by the governor.
(19) "Mobile home" includes manufactured
homes and recreational vehicles used as residences.
(20) "Mortgage" means such classes of liens
as are commonly given to secure advances on, or the unpaid purchase price of,
real property, under the laws of a state in which the real property is located,
together with the credit instruments, if any, secured thereby.
(21) "Nonprofit organization" means an
organization that is incorporated under the applicable laws of a state as a
nonprofit organization, and exempt from paying federal income taxes under
section 501 of the Internal Revenue Code
26 U.S.C.
501 (2010).
(22) "Owner of a dwelling" means that a
person is considered to have met the requirement to own a dwelling if the
person purchases or holds any of the following interests in real property;
(a) Fee title, a life estate, a land
contract, ninety-nine-year lease, or a lease including any options for
extension with at least fifty years to run from the date of acquisition;
or
(b) An interest in a cooperative
housing project which includes the right to occupy a dwelling; or
(c) A contract to purchase any of the
interests or estates described in paragraph (B)(22)(a) or (B)(22)(b) of this
rule; or
(d) Any other interest,
including a partial interest, which in the judgment of the agency warrants
consideration as ownership.
(23) "Person" means any individual, family,
partnership, corporation, or association.
(24) "Program or project" means any activity
or series of activities undertaken with federal or state financial assistance
received or anticipated in any phase of an undertaking in accordance with the
federal or state funding agency guidelines.
(25) "Salvage value" means the probable sale
price of an item offered for sale to knowledgeable buyers with the requirement
that it be removed from the property at a buyer's expense (i.e., not eligible
for relocation assistance). This includes items for re-use as well as items
with components that can be re-used or recycled when there is no reasonable
prospect for sale except on this basis.
(26) "Small business" is a business having
not more than five hundred employees working at the site being acquired or
displaced by a program or project, which site is the location of economic
activity.
(27) "Tenant" means a
person who has the temporary use and occupancy of real property owned by
another.
(28) "Uneconomic remnant"
means a parcel of real property in which the owner is left with an interest
after the partial acquisition of the owner's property and which the acquiring
agency has determined has little or no value or utility to the owner.
(29) "Uniform act" means the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (
42
U.S.C. 4601 et seq.), and amendments
thereto.
(30) "Unlawful occupant"
means a person is considered to be in unlawful occupancy if the person has been
ordered to move by a court of competent jurisdiction prior to the initiation of
negotiations or is determined by the agency to be a squatter who is occupying
the real property without the permission of the owner and otherwise has no
legal right to occupy the property under state law. A displacing agency may, at
its discretion, consider such a squatter to be in lawful occupancy.
(31) "Utility costs" means expenses for
electricity, gas, other heating and cooking fuels, water and sewer.
(32) "Utility facility" means any electric,
gas, water, steam power, or materials transmission or distribution system; any
transportation system; any communications system, including cable television;
and any fixtures, equipment, or other property associated with the operation,
maintenance, or repair of any such system. A utility facility may be publicly,
privately, or cooperatively owned.
(33) "Utility relocation" means the
adjustment of a utility facility required by the program or project undertaken
by the displacing agency. It includes removing and reinstalling the facility,
including necessary temporary facilities; acquiring necessary right-of-way on
new location; moving, rearranging or changing the type of existing facilities;
and taking any necessary safety and protective measures. It shall also mean
constructing a replacement facility that has the functional equivalence of the
existing facility and is necessary for the continued operation of the utility
service, the project economy, or sequence of project construction.
(34) "Voluntary transactions" means a
transaction that meets all of the following conditions:
(a) No specific site or property needs to be
acquired, although the agency may limit its search for alternative sites to a
general geographic area. Where an agency wishes to purchase more than one site
within a geographic area on this basis, all owners are to be treated
similarly.
(b) The property to be
acquired is not part of an intended, planned, or designated project area where
all or substantially all of the property within the area is to be acquired
within specific time limits.
(c)
The agency will not acquire the property in the event negotiations fail to
result in an amicable agreement, and the owner is so informed in
writing.
(d) The agency will inform
the owner of what it believes to be the fair market value of the
property.
(35) "Waiver
valuation" means the valuation process used and the product produced when the
agency determines that an appraisal is not required, pursuant to appraisal
waiver provisions in paragraph (B)(3)(b) of rule
5501:2-5-06
of the Administrative Code.
(36)
"Displacement Date" means the date of the move, or for large complex moves, the
date the move commences.
(37) "Low
Cost or Uncomplicated Moves" means a move with an estimated cost that is less
than two thousand five hundred dollars.