Karen Y. Nielsen - Page 16

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                  Acquisition Policies Act of 1970, 42 U.S.C. �� 4601-                                 
                  4655 (1976) applicable to state highway projects by                                  
                  reason of the contribution of federal funds.  This                                   
                  relocation payment is defined by statute as that amount                              
                  which, when added to the acquisition cost of the                                     
                  dwelling taken, equals the cost of a comparable                                      
                  replacement dwelling.  42 U.S.C. � 4623 (1976).                                      
                        To compute the appropriate sum of relocation                                   
                  assistance, which is subject to a maximum of $15,000.00, it                          
                  is necessary to determine how much was paid in the                                   
                  condemnation of the property owner’s former dwelling and to                          
                  deduct that amount from the ascertained cost of a                                    
                  replacement dwelling.  * * *  [Tonnar v. Missouri State                              
                  Highway & Transp. Commn., 640 S.W.2d 527, 529 (Mo. Ct. App.                          
                  1982).]                                                                              
                  Therefore, given the history, language, and interpretations                          
            of the statute, we hold that only payments expressly authorized                            
            by subchapter II and in excess of the just compensation paid for                           
            taken property are exempted from taxation by the Relocation Act.                           
                  B.  Nature of $65,000 Payment Received by Petitioner                                 
                  Having determined that the Relocation Act will exempt                                
            petitioner’s $65,000 payment from taxation only if it is in the                            
            nature of relocation assistance rather than just compensation or                           
            acquisition cost, we turn to the question of how these proceeds                            
            should be characterized.  Contrary to petitioner’s averments that                          
            the $65,000 was a portion of her relocation assistance, however,                           
            we find that the documentary evidence presented indicates                                  
            otherwise.                                                                                 
                  First, as a general proposition, the evidence suggests that                          
            the policy of the State of South Dakota was to maintain a                                  
            distinction between fair market value paid for property and                                





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