Karen Y. Nielsen - Page 18

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            Payment/Supplement at “$00.00” because the cost of a comparable                            
            replacement exceeded the sum paid for the displacement property.                           
            The revised offer similarly deducted the acquisition cost of                               
            $65,000 from the replacement cost of $99,900 to reach a $34,900                            
            Replacement Housing Payment/Supplement.  Hence, subchapter II                              
            authorizes “Replacement Housing for Homeowner”, and the only                               
            amounts designated by these offers as such a Replacement Housing                           
            Payment exclude the $65,000.                                                               
                  Moreover, in eventual resolution of the litigation between                           
            petitioner and the State, the parties stipulated that “Relocation                          
            assistance payment is agreed to be $100,000.00 in addition to the                          
            $65,000.00 previously paid”.  Again, the $100,000, and not the                             
            $65,000, is the figure specifically labeled as relocation                                  
            assistance.                                                                                
                  Taken together, the above documents support a finding that                           
            the relocation assistance in petitioner’s case was in fact the                             
            $100,000 sum negotiated separate and apart from the $65,000                                
            received pursuant to the condemnation judgment.  We further note                           
            that to accept petitioner’s characterization of the $65,000 as an                          
            advance payment of her total relocation assistance would be to                             
            say that no just compensation whatsoever was paid by the State.                            
            We believe it highly unlikely that the State would so disregard                            
            an entrenched constitutional mandate.                                                      








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