N.J. Admin. Code § 5:11-3.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:11-3.12 - Payment in lieu of moving and related expenses

(a) The owner of a displaced business may receive an in lieu of moving and related expenses payment equal to the average net income for the last two years, but not less than $ 2,500 nor more than $ 10,000.

1. A person whose sole business at the displacement location is the rental of the property to others, or the owner of an outdoor advertising display at the displacement location, shall not qualify for a payment under this section.

(b) In order for an applicant to be eligible for an in lieu payment, the displacing agency shall determine that:

1. The business cannot be relocated without a substantial loss of its existing patronage; and

2. The business is not a part of a commercial enterprise having another business of the same or similar nature that is not being acquired; and

3. The business contributes materially to the income of the owner.

(c) The owner of a farm operation may receive payment in lieu of moving expenses calculated on the same basis as for a business, provided the displacing agency determines that:

1. The farm operation contributes materially to the operator's income; and

2. The displacement renders the farm operation an uneconomic unit.

N.J. Admin. Code § 5:11-3.12

R.1984 d.127, eff. 4/16/1984.
See: 16 New Jersey Register 175(a), 16 New Jersey Register 870(b).
Recodified from N.J.A.C. 5:11-3.10.
Amended by R.1989 d.188, effective 4/3/1989.
See: 21 New Jersey Register 231(b), 21 New Jersey Register 891(a).
Added (a)1., regarding sole business in rental of property or outdoor advertising display.