Moving and related expenses of displaced persons - 26 Pa. Cons. Stat. § 902

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     § 902.  Moving and related expenses of displaced persons.
        (a)  Reasonable expenses incurred.--
            (1)  A displaced person shall be reimbursed for
        reasonable expenses incurred in moving the displaced person
        and the person's family and for the removal, transportation
        and reinstallation of personal property.
                (i)  Receipts shall be prima facie evidence of
            incurred reasonable moving expenses.
                (ii)  Any displaced person who is displaced from a
            dwelling may elect to receive, in lieu of reimbursement
            of incurred moving expenses, a moving expense and
            dislocation allowance determined according to a schedule
            established by the acquiring agency.
            (2)  As used in this subsection, the following words and
        phrases shall have the meanings given to them in this
        paragraph:
            "Displaced person."  Includes a person who moves from
        real property or moves personal property:
                (i)  as a direct result of a written notice of intent
            to acquire or the acquisition of other real property, in
            whole or in part, on which the person conducts a business
            or farm operation for a program or project undertaken by
            an acquiring agency; or
                (ii)  as a direct result of rehabilitation,
            demolition or other displacing activity of other real
            property on which such person conducts a business or a
            farm operation under a program or project undertaken by
            an acquiring agency if the displacement is permanent.
        (b)  Damages for dislocation of business or farm operation.--
     A displaced person who is displaced from a place of business or
     from a farm operation shall be entitled, in addition to any
     payment received under subsection (a), to damages for
     dislocation of business or farm operation as follows:
            (1)  Damages equal to the value in place of the personal
        property which:
                (i)  is not moved because of the discontinuance of
            the business or farm operation or the unavailability of a
            comparable site for relocation; or
                (ii)  cannot be moved without substantially
            destroying or diminishing its utility in the relocated
            business or farm operation.
            (2)  (i)  In lieu of the damages provided in paragraph
            (1), at the option of the displaced person, an amount not
            to exceed $12,000 to be determined by taking 50% of the
            difference, if any, between the original cost of the
            personal property to the displaced person or the
            replacement cost of equivalent property at the time of
            sale, whichever is lower, and the net proceeds obtained
            by the displaced person at a commercially reasonable
            private or public sale.
                (ii)  If this option is selected, the displaced
            person shall give the acquiring agency not less than 60
            days' notice in writing of intention to seek damages
            under this option.
                (iii)  The displaced person shall not, directly or
            indirectly, purchase any of the personal property at
            private sale. Inventory shall be paid for under this
            option only if the business is not relocated.
            (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, but not to exceed $12,000. Sites occupied
        solely by outdoor advertising signs, displays or devices do
        not qualify for this benefit.
            (5)  (i)  In addition to damages under subsection (a) and
            paragraphs (1), (2), (3) or (4), damages in an amount
            equal to the average annual net earnings but not more
            than $60,000 nor less than $3,000.
                (ii)  Payment shall be made only if the business
            cannot be relocated without a substantial loss of profits
            and if the business is not part of a commercial
            enterprise having more than three other entities which
            are not being acquired by the acquiring agency and which
            are under the same ownership and are engaged in the same
            or similar business activities.
                (iii)  A person whose sole business at a dwelling
            from which the person is displaced is the rental of such
            property to others shall not qualify for a payment under
            this paragraph.
                (iv)  As used in this paragraph, the term "average
            annual net earnings" means one-half of any net earnings
            of the business or farm operation before Federal, State
            and local income taxes during the two taxable years
            immediately preceding the taxable year in which the
            business or farm operation moves from the real property
            acquired for a project and includes any compensation paid
            by the business or farm operation to the owner, a spouse
            or dependents during this period. The regulations
            promulgated under section 906 (relating to regulations)
            may designate another period determined to be more
            equitable for establishing average annual net earnings as
            long as the designated period does not produce a lesser
            payment than would be produced by use of the last two
            taxable years.

        Cross References.  Section 902 is referred to in sections
     103, 507, 515, 521, 907 of this title.

Last modified: November 27, 2007