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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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Last modified: May 25, 2011