- 17 - 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 HousingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011