2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS
316.5 - REPLACEMENT HOUSING FOR HOMEOWNER.

        316.5  REPLACEMENT HOUSING FOR HOMEOWNER.
         1.  In addition to payments otherwise authorized by this chapter,
      the displacing agency shall make an additional payment to a displaced
      person who is displaced from a dwelling actually owned and occupied
      by the displaced person for not less than one hundred eighty days
      immediately prior to the initiation of negotiations for the
      acquisition of the property.  All determinations to carry out this
      section shall be made in accordance with administrative rules adopted
      by the department.  The additional payment shall include the
      following elements:
         a.  The amount, if any, which when added to the acquisition
      cost of the dwelling acquired by the displacing agency, equals the
      reasonable cost of a comparable replacement dwelling.
         b.  The amount, if any, which will compensate the displaced
      person for any increased interest costs and other debt service costs
      which the displaced person is required to pay for financing the
      acquisition of a comparable replacement dwelling.  The amount shall
      be paid only if the dwelling acquired by the displacing agency was
      encumbered by a bona fide mortgage which was a valid lien on the
      dwelling for not less than one hundred and eighty days immediately
      prior to the initiation of negotiations for the acquisition of the
      dwelling.
         c.  Actual, reasonable, and necessary expenses incurred by the
      displaced person for evidence of title, recording fees, and other
      closing costs incident to the purchase of a replacement dwelling, but
      not including prepaid expenses.
         2.  The additional payment authorized by this section shall be
      made only to a displaced person who purchases and occupies a decent,
      safe, and sanitary replacement dwelling within one year after the
      date on which the person receives final payment from the displacing
      agency of all costs of the acquired dwelling, or on the date on which
      the obligation of the displacing agency under section 316.8 is met,
      whichever is the later, except that the displacing agency may extend
      the eligibility period for good cause.  If the period is extended,
      the payment under this section shall be based on the costs of
      relocating the person to a comparable replacement dwelling within one
      year of the applicable date.  

         Section History: Early Form

         [C71, § 316.4(1), 316.5; C73, 75, 77, 79, 81, § 316.5] 

         Section History: Recent Form

         89 Acts, ch 20, §9
         Referred to in § 316.6, 316.8