23 CA ADC § 370.11


      23 CCR s 370.11

      Cal. Admin. Code tit. 23, s 370.11


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 2. DEPARTMENT OF WATER RESOURCES
      CHAPTER 1.6. RELOCATION ASSISTANCE PROGRAM
      ARTICLE 2. RELOCATION PAYMENTS
      This database is current through 05/26/06, Register 2006, No. 21. 

      s 370.11. Moving and Related Expense Payments -General Provisions for All 
      Relocated Individuals, Families, Businesses and Farms.

      (a) Eligibility to Receive Moving Cost Payment.

      (1) Any individual, family, business or farm operator is eligible to 
      receive payment for the reasonable expenses of moving his personal 
      property when

      (A) He is in lawful occupancy at the initiation of negotiations for the 
      acquisition of the real property; and

      (B) He moves from the real property or moves his personal property from 
      the real property subsequent to the date of initiation of negotiation; or,

      (C) The real property is subsequently acquired.

      (b) One Move Per Person. No moving expense payment will be made for more 
      than one move of a displaced person except where found by the Department 
      to be in the public interest and prior approval is secured.

      (c) Payment Only After Move Completed. Moving expense payments shall be 
      made only after the move has been accomplished except as provided in 
      subsections (d) and (e) of this section.

      (d) Payment in Advance. In case of undue hardship, payment of moving 
      expenses to an eligible displacee may be made in advance of moving.

      (e) Partial Payments. The Department may make partial payments of moving 
      expense claims when such claims are based on the actual costs of moving, 
      provided the amount of such partial payment does not exceed the actual 
      cost incurred up to the time such payment is claimed.

      (f) Payments Directly to Mover. By written prearrangement between the 
      Department, the displaced person and the mover, a displaced person may 
      present unpaid moving bills to the Department and the Department may pay 
      the mover directly.

      (g) Distance Limited to 50 Road Miles. The allowable expense for 
      transportation shall not exceed the cost of moving 50 road miles measured 
      from the point from which the move was made to the point of relocation via 
      the most commonly used routes between such points.

      In special cases where the Department determines that relocation cannot be 
      accomplished within the 50 mile area, the allowable expense for 
      transportation may be increased with the prior approval of the Department.

      (h) Storage. When an actual expense basis is used and the Department 
      determines that it is necessary for a relocated person to store his 
      personal property for a reasonable time, not to exceed twelve months, the 
      cost of such storage shall be paid as a part of the moving expense. 
      Payment shall not be made for storage of personal property on the property 
      being acquired or on other property owned by the relocatee. Storage 
      expense shall not be paid where the displaced person elects payment under 
      any of the schedules set forth in Section 370.12 (c) of this Article.

      (i) Cost of Advertising for Bids. The expense incurred in advertising for 
      packing, crating and transportation are reimbursable when the Department 
      determines that such advertising is necessary. Payment of such expense 
      shall be limited to complicated or unusual moves where advertising is the 
      only practical method of securing bids.

      (j) Inspection of Books and Records. All books and records kept by a 
      displaced person as to actual moving expense incurred shall be subject to 
      review and audit by a Department representative during reasonable business 
      hours.

      (k) Owner-Retained Dwellings. When an owner retains his dwelling, the cost 
      of moving it onto the remainder or replacement land is not eligible as a 
      part of the cost of moving personal property. If the owner chooses to use 
      his dwelling as a means of moving personal property, payment shall be 
      based on the schedules set forth in Section 370.12 (c) of this Article.

      ( l) Personalty Sold to Others. If a displaced person who is eligible to 
      receive payment for moving expenses under subsection (a) of this Section 
      sells, conveys, or transfers title to personal property located on real 
      property acquired by the State to another person, such other person shall 
      not be eligible to receive payment of moving expense except as provided 
      for direct losses of tangible personal property in Section 370.13 (c) of 
      this Article.

      (m) Moves From Separate Property. Where the acquisition of real property 
      used for a business or farm operation which is eligible for a payment 
      under subsection (a) of this Section causes a person to vacate a dwelling 
      or other real property separate from and not acquired by the State, or 
      move his personal property from other real property separate from and not 
      acquired by the State, said person is eligible for reimbursement of the 
      appropriate moving expenses under Sections 370.12, 370.13(b), (c) and (d), 
      370.14 and 370.15.

      (n) Moves From Partial Takings. Where only a portion of a larger parcel is 
      acquired, a displaced person shall be eligible for moving expense payment 
      only where the removal of his personal property from the property acquired 
      is necessary and is not otherwise compensated.

      (o) Insurance. The cost of insurance premiums covering the reasonable 
      replacement value of personal property for loss and damage while in 
      storage or transit is reimbursable.

      (p) Removal and Reinstallation Expense. The expense of removal, 
      reinstallation and reestablishment of machinery, appliances and other 
      items of personal property which were not acquired by the Department, 
      including reconnection of utilities to such items, and which does not 
      constitute an improvement to the replacement site (except where required 
      by law), are reimbursable. Such removal, reinstallation, reestablishment 
      or reconnection costs or items classified as real property by the 
      Department and which were retained by the owners, are not reimbursable.


      Note: Authority cited: Section 7267.8, Government Code. Reference: Section 
      7268, Government Code.
      23 CA ADC s 370.11

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com