Relocation Assistance Claim - Alaska

RELOCATION ASSISTANCE CLAIM — ALASKA

SUBMITTED TO THE DISPLACING AGENCY — NOT A COURT PLEADING

I. INTRODUCTION AND STATUTORY BASIS

This is a formal claim for relocation assistance benefits submitted by [CLAIMANT NAME] ("Claimant"), a displaced person, in connection with the acquisition of the above property by [DISPLACING STATE AGENCY] ("Agency") for the [PROJECT].

This claim is made under the Alaska Relocation Assistance and Real Property Acquisition Practices Act, AS 34.60.010–34.60.150, and, for a covered federal or federally assisted project, the federal Uniform Relocation Assistance Act, 42 U.S.C. §§ 4622–4625, and 49 C.F.R. Part 24. Alaska's §§ 34.60.040(c)–(d), .050, and .060 incorporate specified federal payment limits by reference. Eligibility and the applicable benefit route must be determined before applying a cap.

Relocation benefits are separate from the condemnation award. AS 34.60.100 says the relocation chapter creates no new element of condemnation damages. This claim does not waive or duplicate a claim for just compensation.

II. CLAIMANT AND DISPLACEMENT DETAILS

Claimant category (select one or more):

☐ Residential owner-occupant — owned and occupied for not less than 90 days before initiation of negotiations (AS 34.60.050)
☐ Residential tenant / 90-day occupant — lawfully occupied for not less than 90 days (AS 34.60.060)
☐ Business — AS 34.60.040; 49 C.F.R. § 24.304
☐ Farm operation — AS 34.60.040; 49 C.F.R. § 24.304
☐ Nonprofit organization — 49 C.F.R. § 24.304

III. ELIGIBILITY

Claimant certifies eligibility as a displaced person under AS 34.60 and, where applicable, 49 C.F.R. § 24.2(a):

☐ The acquisition is for a federally assisted program or project undertaken by a state agency (AS 34.60.040(a)), or otherwise covered by the Agency's relocation program.
☐ Claimant moved (or will move) as a direct result of the notice of intent to acquire, initiation of negotiations, or acquisition.
☐ For a federally covered claim, Claimant will provide the citizenship, lawful-presence, or entity-status certification required by 49 C.F.R. § 24.208.
☐ Owner claims: Claimant owned and occupied for not less than 90 days. For a mortgage-interest differential, Alaska's AS 34.60.050(a)(2) requires a bona fide lien for at least 90 days before negotiations; the federal 42 U.S.C. § 4623(a)(1)(B) and 49 C.F.R. § 24.401(d) use 180 days. Agency: identify the governing calculation.
☐ Tenant claims: Claimant lawfully occupied for not less than 90 days before initiation of negotiations (AS 34.60.060).

IV. ITEMIZED BENEFITS CLAIMED

(a) Moving and Related Expenses — AS 34.60.040; 49 C.F.R. §§ 24.301–24.305

Method (residential): ☐ Actual reasonable expenses (documented) ☐ Moving expense allowance (per agency schedule, AS 34.60.040(b); 49 C.F.R. § 24.302)

Use the selected method only. A residential moving allowance replaces actual moving expenses; it is not added to them.

(b) Replacement-Housing Payment / Rental Assistance / Down-Payment

Owner-occupant (90-day) — AS 34.60.050 (cap per 42 U.S.C. § 4623(a)(1) / 49 C.F.R. § 24.401 = $41,200)

Under AS 34.60.050(b), the owner must purchase and occupy a decent, safe, and sanitary replacement dwelling within one year after the later of final payment or moving. For a federally covered claim, use the distinct 49 C.F.R. § 24.401(a)(2) trigger described in Section V.

Tenant / 90-day occupant — AS 34.60.060 (cap per 42 U.S.C. § 4624(a) / 49 C.F.R. § 24.402 = $9,570)

Select rental assistance or down-payment assistance; do not add both to the subtotal.

(c) Business / Farm / Nonprofit Reestablishment or Fixed Payment In Lieu

Choose either the actual moving and reestablishment route or the fixed payment in lieu, if eligible. A fixed payment replaces the actual moving and reestablishment expenses under 49 C.F.R. § 24.305; do not add both to the total. The fixed nonprofit payment is calculated under § 24.305(d), not from the net earnings row.

Owner purchase closing costs belong in Section IV(b), and tenant rental application fees belong in Section IV(a); do not add either again.

(d) Advisory Services — AS 34.60.090; 42 U.S.C. § 4625; 49 C.F.R. § 24.205

☐ I was offered advisory assistance and information on comparable replacement dwellings/sites.
☐ I was informed of my relocation rights, benefits, and the appeal process.
☐ I was NOT provided required advisory services (explain): [________________________________]

Supporting-Documentation Checklist (attach all that apply)

☐ Copy of notice of displacement / eligibility / written offer
☐ Proof of occupancy and dates (lease, deed, utility bills, tax records)
☐ Moving estimates (2 recommended) and/or paid invoices and receipts
☐ Settlement statement / closing disclosure for replacement dwelling
☐ Mortgage documents (acquired and replacement dwellings)
☐ Comparable replacement dwelling/site referrals from the Agency
☐ Business: 3–5 years of tax returns and profit-and-loss statements (fixed in-lieu basis)
☐ Itemized inventory and photographs of personal property moved
☐ Receipts for reestablishment / search expenses
☐ Other: [________________________________]

TOTAL RELOCATION ASSISTANCE CLAIMED

TOTAL CLAIM: $[____________]

V. STATUTORY BASIS AND CAPS (STATE + FEDERAL)

1. Moving expenses. AS 34.60.040 provides actual reasonable moving and related expenses upon proper application; subsection (b) provides an alternative residential moving allowance. Business/farm search is an actual-expense category. Reestablishment is separately capped per 42 U.S.C. § 4622(a)(4) (= $33,200 under 49 C.F.R. § 24.304).
2. Fixed in-lieu payment. AS 34.60.040(c) allows a business/farm to elect a fixed payment subject to 42 U.S.C. § 4622(c) (= up to $53,200 under 49 C.F.R. § 24.305).
3. Owner replacement housing. AS 34.60.050 provides the price differential, mortgage-interest differential, and incidental costs to a 90-day owner-occupant, capped per 42 U.S.C. § 4623(a)(1) (= $41,200 under current 49 C.F.R. § 24.401); purchase/occupy within the applicable one-year rule. Alaska's trigger is the later of final payment or moving; the federal rule uses the later of final payment (or full estimated compensation deposit in condemnation) or provision of a comparable replacement dwelling under § 24.204, with good-cause extension.
4. Tenant assistance. AS 34.60.060 provides rental assistance (up to 3 years 6 months = 42 months) or down-payment, capped per 42 U.S.C. § 4624(a) (= $9,570).
5. Housing of last resort. If a covered program cannot proceed on time because comparable replacement housing is unavailable within the ordinary caps, the agency must provide additional or alternative assistance under 49 C.F.R. § 24.404.
6. Claim period for federally covered claims. Under 49 C.F.R. § 24.207(d), file within 18 months of displacement or temporary move for tenants; for owners, use the later of displacement or final acquisition payment. The agency must waive the period for good cause.

VI. DEMAND FOR DETERMINATION AND PAYMENT

Claimant demands that the Agency:

1. Determine eligibility and approve and pay the benefits itemized in Section IV, totaling $[____________]; and
2. Within [____] days of the date of this claim (and no later than [__/__/____]), provide a written determination stating the amount approved for each category and, for any denial or reduction, the specific reasons and applicable authority.

If the Agency does not respond, Claimant requests a status update and reserves an appeal under the applicable agency procedure.

VII. RESERVATION OF RIGHTS AND APPEAL

1. Separate claim. This claim does not waive Claimant's right to just compensation for the property taken. AS 34.60.100 keeps relocation assistance separate from condemnation damages; 49 C.F.R. § 24.3 prevents duplicate payments having the same purpose and effect.

2. Administrative appeal. If this claim is denied or reduced, Claimant has the right to appeal through the Agency's relocation grievance procedure and, for federally funded projects, under 49 C.F.R. § 24.10. Claimant may:
   ☐ Request a written explanation of the determination;
   ☐ File a written appeal with the Agency within the applicable period; for a federally covered claim, the agency-set period cannot be less than 60 days after written notice of its determination (49 C.F.R. § 24.10(c));
   ☐ Obtain review by an official not involved in the original determination, present evidence, and be represented by counsel;
   ☐ Seek judicial review, if available, after the agency's final decision. For a federally covered claim, 49 C.F.R. § 24.10(g) requires notice of that possibility when full relief is denied.

3. Claimant reserves the right to amend or supplement this claim as additional expenses are incurred or documentation becomes available.

VIII. CERTIFICATION AND SIGNATURE

I certify under penalty of perjury that the facts stated above are true and correct. Amounts identified as paid were actually incurred; amounts identified as estimates are requested subject to supporting documentation and Agency determination.

Claimant Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Prepared by / Representative (if any):

[________________________________]
☐ Attorney for Claimant — Alaska Bar No. [__________]
[FIRM NAME] · [ADDRESS] · Tel: [__________] · Email: [__________]

IX. ALASKA PRACTICE NOTES

• Coverage and payment limits. AS 34.60.040(c)–(d), .050, and .060 incorporate specified federal payment limits "as amended" for covered Alaska claims. Current 49 C.F.R. Part 24 gives $41,200 owner housing, $9,570 tenant housing, $33,200 reestablishment, and $53,200 maximum fixed nonresidential moving payment. The federal $5,000 replacement-business/farm search limit is in § 24.301(g)(18); confirm the state program's rule before applying that search limit to a nonfederal route.
• Agency identification. Identify the actual displacing agency and its relocation program before submitting the claim; the agency's eligibility and appeal notices control the filing route.
• Federal-project trigger. AS 34.60.040(a) keys eligibility to "a federally assisted program or project undertaken by a state agency." For a purely state-funded taking, confirm with the agency whether relocation benefits are provided.
• Owner threshold. AS 34.60.050 uses a 90-day owner-occupancy threshold (the URA owner threshold), with a 90-day mortgage-lien requirement for the interest differential.
• Tenant period. AS 34.60.060 expresses the rental-assistance period as "three years and six months" (42 months), consistent with the federal URA.
• No double recovery. Relocation payments are not just compensation for the property and must not be duplicated; keep the claims separate.
• Deadline. For a federally covered claim, apply the tenant or owner 18-month trigger in 49 C.F.R. § 24.207(d), including good-cause waiver, and obtain the agency's written appeal deadline.

X. SOURCES AND REFERENCES

• AS 34.60.010–.150 (Alaska relocation statute) — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.60.010&secEnd=34.60.150
• 42 U.S.C. §§ 4622–4625 (federal URA, 2024 official edition) — https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap61-subchapII-sec4622.htm
• 49 C.F.R. Part 24 (current federal regulations) — https://www.govinfo.gov/bulkdata/ECFR/title-49/ECFR-title49.xml

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Relocation benefits, caps, and deadlines are governed by both Alaska law and the federal Uniform Relocation Act. An attorney licensed in Alaska should review and customize this claim before filing. Verify all citations and current benefit amounts before relying on them.