In recent years, there has been some controversy concerning the role of move
planners in non-residential relocations. The use of a move planner can be of great
benefit to both non-residential displacees and displacing agencies in federally-funded
projects. However, their services should be directed, managed and controlled. If a
move planner is not instructed early on about their role, their services may not be
eligible for reimbursement. When a displacee hires a move planner, adhering to best
practices will help eliminate potential issues.
BY DARRYL ROOT, JD, R/W-RAC AND KONSTANTIN AKHREM, SR/WA, R/W-RAC
For most non-relocation professionals,
the terms “moving” and ”relocation” are
synonymous. Therefore, it is vital to clarify the
difference between relocation planning and
move planning, as defined by the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended
(URA) and its implementing regulations.
Relocation Planning
Relocation planning typically begins in
the early stages of project development. Its
purpose is to evaluate a project’s impact
on the occupants of the properties needed.
The URA requires that a displacing agency
plan in a manner that ensures the problems
associated with the displacement are
recognized and solutions are developed prior
to initiating any right of way activities.
The process of relocation planning considers
the impact on the occupants, both residential
Compensating a Move Planner
Determining what’s eligible for reimbursement
and non-residential. This is crucial because
a residential occupant cannot be displaced
legally without the offer of a “comparable
replacement dwelling,” while unanticipated
complexities of business relocations may
cause costly project delays. One area of
relocation planning associated with non-residential displacements is consideration of
any special relocation advisory services that
may be necessary for a timely and orderly
business relocation.
The URA [ 49 CFR 205 (a)] states, “Such
planning, where appropriate, shall precede
any action by an Agency which will cause
displacement, and should be scoped to the
complexity and nature of the anticipated
displacing activity including an evaluation
of program resources available to carry
out timely and orderly relocations.” The
complexity and nature of the anticipated
displacements must be addressed in
early project initiation documents, and
appropriate relocation planning reports
must be prepared. The relocation planning
requirements are fully stated in 49 CFR
24.205(a).
Move Planning
The issue of move planning is covered as
part of the ”Relocation Assistance Advisory
Services” to be provided to a specific,
eligible displaced business. The federal rule
requires the advisory program to include
such measures, facilities and services as
may be necessary or appropriate in order
to determine the relocation needs and
preferences of each business displaced and
explain the relocation payments and other
assistance for which the business may be
eligible. This includes a personal interview
with each business.
At a minimum, interviews with
displaced business owners and operators
should include “Determining the need
for outside specialists in accordance with
§ 24.301(g)( 12) that will be required to
assist in planning the move, assistance in
the actual move, and in the reinstallation of
machinery and/or other personal property.”
The rule 49 CFR 24.301(g)( 12) allows
for professional services as the Agency
determines to be actual, reasonable and
necessary for planning the move of the
personal property, moving the personal
property and installing the relocated
personal property at the replacement
location.
In order for such professional services
to be considered “necessary,” they must be
related to the moving of personal property,
while the reasonableness of the cost and
scope of these services may be dictated by
comparative analysis of competing bids.
Eligible actual moving expenses under
24.301(g) are as follows:
1) Transportation of the displaced person
and personal property. Transportation
costs for a distance beyond 50 miles
are not eligible, unless the Agency
determines that relocation beyond 50
miles is justified.
2) Packing, crating, unpacking, and
uncrating of the personal property.