001-2 Wyo. Code R. § 2-5

Current through April 27, 2019

Section 2-5 - Moving Expense Payments to Businesses

a. The owner of a displaced business who is eligible under the provisions of these rules and regulations shall be entitled to receive reimbursement for actual reasonable moving and related expenses including:

(1) Actual reasonable expenses in moving the business or other personal property;

(2) Actual direct losses of tangible personal property in moving or discontinuing his business; and

(3) Actual reasonable expenses in searching for a replacement business.

b. In lieu of reimbursement for actual expenses and losses, the owner of a discontinued or relocated business may be eligible to receive a payment equal to the average annual net earnings of the business subject to the provisions of paragraph j. below.

c. The relocation agent shall assist the eligible owners of displaced businesses in the completion of Form R/W 68 ra in processing payment for actual and reasonable moving expenses. If such owner elects to receive a lump sum payment equal to the average annual net earnings of his business in lieu of actual moving expenses as provided herein below, the relocation agent shall assist the owner in completing Form R/W 70 ra.

d. The owner of a displaced business shall furnish an inventory of the items to be moved prior to the time the actual move takes place. When the move is completed, the owner of the displaced business in his claim for payment shall certify that the items listed on the inventory were actually moved. If the certified inventory varies appreciably from the original inventory, the moving expense reimbursement payment will be adjusted accordingly.

e. The relocation agent shall monitor the various phases of the move in order to determine that all expenses are actual and reasonable as required by law.

f. The owner of a displaced business shall be entitled to receive reimbursement for the actual reasonable cost of a move accomplished by a commercial mover, provided such owner submits receipted bills to the Department setting forth the amount of such cost.

(1) In the case of a self move, the owner of a displaced business may be paid an amount equal to the lower of at least tow bids or estimates from qualified commercial movers and shall be entitled to a reimbursement payment equal to the amount of the low bid or estimate without negotiations. The relocation agent may negotiate with the owner for a reimbursement payment not to exceed the amount of the low bid or estimate.

(2) If acceptable bids or estimates cannot be obtained from qualified commercial movers, the owner of a displaced business shall be entitled to a reimbursement payment in an amount equal to the actual and reasonable expenses incurred in the self move including truck rental, equipment rental, gasoline, oil, insurance, depreciation, labor costs, and supervision costs, provided such expenses are directly allocable to the move and provided such expenses are set forth upon receipted bills to be submitted to the Department.

g. Where personal property which is used in connection with the displaced business is of low value and high bulk and the cost of moving would be disproportionate in relation to the value, the relocation agent may negotiate with the owner for a reimbursement payment in an amount not to exceed the cost of replacement of comparable items on the market or the amount of proceeds recovered upon liquidation whichever is higher.

h. The owner of a displaced business who is entitled to relocate his tangible personal property in whole or in part but who elects not to do so may receive a reimbursement payment for actual direct losses provided the owner has made a bona fide effort to sell the particular items of tangible personal property involved.

i. The owner of a displaced business may be entitled to reimbursement for actual and reasonable expenses in searching for a replacement business. The amount of each reimbursement shall not exceed five hundred dollars ($500.00) unless prior approval of a greater amount is given by the State Right-of-Way Engineer on state projects or the Federal Highway Administration Division Engineer on federally-funded projects. The owner must submit a claim setting forth the amount of such reasonable and actual expenses which may include:

(1) Transportation expenses;

(2) Lodging;

(3) Real estate brokers' or agents' fees; and

(4) Reasonable value of the time of the search provided the owner submits a certified statement of the number of hours actual spent.

j. In lieu of actual moving expenses and submit to the provisions of these rules and regulations, the qualified owner of a discontinued business is eligible to receive a reimbursement payment equal to the average annual net earnings of the business as defined by these rules and regulations, except that such payment shall not be less that two thousand five hundred dollars ($2,500.00) nor more than ten thousand dollars ($10,000.00) providing the following requirements are met:

(1) The relocation agent must determine that:
- (a) The business cannot be relocated without a substantial loss of existing patronage as defined in these rules and regulations; and
- (b) The business is not part of a commercial enterprise having at least one other outlet that is not being acquired by the Department.

(2) A part-time individual or family occupation conducted primarily in the home which does not contribute materially to the income of the displaced owner is not eligible for reimbursement.

(3) The owner of a displaced business must submit to the Department certified financial statements, an affidavit stating the average annual net earnings of the business, tax returns or other satisfactory evidence in order to be eligible for the in lieu of actual moving expenses provided herein. The affidavit of the owner stating the net earnings of the business is acceptable only if the owner grants the Department the right to review the records or accounts of the business. The affidavit of the owner alone is not acceptable if the amount claimed is more than two thousand five hundred dollars ($2,500.00).

(4) The owner of a multi-family structure may be entitled to an lieu of actual moving expenses payment as provided herein if a comparable structure is not available. If a multifamily structure which has fewer limits than the acquired structure is available, the owner shall be entitled to an in lieu of payment if the relocation agent determines that the owner has suffered a substantial loss of existing patronage, which determination for the purposes of this subsection shall be based upon the net average dollar volume difference between the two structure. If the net income of the acquired structure, no in lieu of payment shall be made to the owner.

001-2 Wyo. Code R. § 2-5