28-7143. Moving and related expenses; payment; substitute payments

A. As a part of the cost of construction and on proper application to the department, the department shall pay to a displaced person, business or farm operation:

1. Actual reasonable expenses in moving the displaced person and the displaced person's family, business, farm operation or other personal property.

2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not more than the reasonable expenses that would have been required to relocate the property as determined by the department.

3. Actual reasonable expenses in searching for a replacement business or farm.

4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site pursuant to criteria established by the department, but not more than twenty-five thousand dollars.

B. A displaced person who is eligible for payments under subsection A 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 A of this section may receive an expense and dislocation allowance determined according to a schedule established by the director.

C. A displaced person who is eligible for payments under subsection A of this section, who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the department may elect to accept, instead of the payment authorized by subsection A of this section, a fixed payment in an amount that is determined according to criteria established by the department and that is at least one thousand dollars but not more than forty thousand dollars. A person whose sole business at the displacement dwelling is the rental of the property to others does not qualify for a payment under this subsection.