2005 Minnesota Statutes - 117.52 — Uniform relocation assistance.

     117.52 Uniform relocation assistance. 


    Subdivision 1.    Lack of federal funding.  In all 
 acquisitions undertaken by any acquiring authority and in all 
 voluntary rehabilitation carried out by a person pursuant to 
 acquisition or as a consequence thereof, in which, due to the 
 lack of federal financial participation, relocation assistance, 
 services, payments and benefits under the Uniform Relocation 
 Assistance and Real Property Acquisition Policies Act of 1970, 
 United States Code, title 42, sections 4601 to 4655, as amended 
 by the Surface Transportation and Uniform Relocation Assistance 
 Act of 1987, Statutes at Large, volume 101, pages 246 to 256 
 (1987), are not available, the acquiring authority, as a cost of 
 acquisition, shall provide all relocation assistance, services, 
 payments and benefits required by the Uniform Relocation 
 Assistance and Real Property Acquisition Policies Act of 1970, 
 as amended by the Surface Transportation and Uniform Relocation 
 Assistance Act of 1987, and those regulations adopted pursuant 
 thereto, and either (1) in effect as of July 1, 1988, or (2) 
 becoming effective after July 1, 1988, following a public 
 hearing and comment.  Comments received by an acquiring 
 authority within 30 days after the public hearing must be 
 reviewed and a written response provided to the individual or 
 organization who initiated the comment.  The response and 
 comments may be addressed in another public hearing by the 
 acquiring authority before approval. 


    Subd. 2.    Acquisitions for highway purposes.  Despite 
 subdivision 1, with respect to acquisitions for highway purposes 
 or acquisitions for which the state Department of Transportation 
 performs relocation assistance services for the Department of 
 Administration, the regulations of the United States Department 
 of Transportation may be applied to all displaced persons who 
 would otherwise be eligible for such relocation assistance, 
 services, payments and benefits thereunder but for the lack of 
 federal financial participation. 


    Subd. 3.    Exception.  This section shall not apply in 
 the case where federal financial participation for provision of 
 relocation assistance, services, payments and benefits in 
 connection with an acquisition has been procured or committed 
 pursuant to section 117.51 and has then been withdrawn by the 
 United States, unless the acquiring authority subsequently 
 determines to proceed with the acquisition in question using 
 nonfederal funds. 


    HIST: 1973 c 604 s 3; 1976 c 166 s 7; 1984 c 633 s 1; 1987 c 
 80 s 1; 1988 c 698 s 1; 1989 c 83 s 1