Karen Y. Nielsen - Page 17

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            assistance under the Relocation Act.  The South Dakota Relocation                          
            Assistance Brochure, prepared for and used by the South Dakota                             
            Department of Transportation, explicitly states that the purchase                          
            supplement for which a homeowner might be eligible under the                               
            statute would be “in addition to the fair market value of your                             
            property” and would be calculated based on the price differential                          
            between acquisition cost and the cost of a replacement dwelling.                           
                  Second, as pertains specifically to petitioner’s case, the                           
            record produced in the condemnation action reflects that the                               
            State in fact followed this general policy of awarding relocation                          
            assistance independent and apart from fair market value or                                 
            acquisition cost.  The Stipulation for Settlement and for Entry                            
            of Judgment in Condemnation signed by petitioner in October of                             
            1992 states that “Purchase of the entire lot and house is agreed                           
            in the amount of $65,000.00”.  The Judgment in Condemnation                                
            entered pursuant thereto likewise refers to judgment for the                               
            “$65,000.00 determined as just compensation”.  Yet both documents                          
            contain language expressly declaring that “Relocation Assistance                           
            is separate and apart from this agreed compensation and is                                 
            treated as a separate proceeding.”                                                         
                  The ensuing Relocation Assistance Written Offers made to                             
            petitioner are consistent with the position that the $65,000                               
            already paid was not considered such assistance.  The initial                              
            offer computed petitioner’s Replacement Housing                                            






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