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 the federal Uniform Relocation Assistance Act, 42 U.S.C. § 4601 et seq. (including §§ 4622–4625), and 49 C.F.R. Part 24. Alaska's statute incorporates the federal payment limits by reference, so the current federal benefit amounts apply.

Relocation benefits are separate from, and in addition to, just compensation for the property acquired. Alaska Const. art. I, § 18; AS 09.55.240 et seq. This claim does not waive, reduce, or duplicate any 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.
☐ Claimant is lawfully present in the United States (49 C.F.R. § 24.208).
☐ Owner claims: Claimant owned and occupied for not less than 90 days; any mortgage-interest differential requires a bona fide mortgage that was a valid lien for at least 90 days before initiation of negotiations (AS 34.60.050(a)(2)).
☐ 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)

(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)

Must purchase and occupy a decent, safe, and sanitary replacement dwelling within one year of final payment or moving, whichever is later (AS 34.60.050(b)).

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

(c) Business / Farm Reestablishment + Fixed Payment In Lieu

(d) Incidental / Closing Costs

(e) Advisory Services — AS 34.60.070; 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 entitles a displaced person to actual reasonable moving and related expenses, or a schedule allowance, plus search expenses; reestablishment is 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); purchase/occupy within one year.
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. Where comparable replacement housing cannot be obtained within the caps, additional payments are made under 49 C.F.R. § 24.404.
6. Claim period. File within 18 months of the later of the move or final acquisition payment. 49 C.F.R. § 24.207(d).

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 fails to issue a timely written determination, Claimant will treat the claim as denied for purposes of pursuing the appeal described below.

VII. RESERVATION OF RIGHTS AND APPEAL

1. Relocation benefits are in addition to just compensation. This claim does not waive or reduce Claimant's right to just compensation for the property taken (Alaska Const. art. I, § 18; AS 09.55.240 et seq.) and may not be offset against or duplicated by that amount.

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 time the Agency allows;
   ☐ Obtain review by an official not involved in the original determination, present evidence, and be represented by counsel;
   ☐ Seek judicial review (administrative appeal under AS 44.62.560 / Alaska R. App. P. 602) if the administrative appeal 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 foregoing is true and correct and that the expenses claimed were actually incurred, or will be incurred, in connection with my displacement from the identified property.

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

• State act tracks federal caps. Alaska enacted AS 34.60.010–.150 in 1971 and amended it after MAP-21 so that its payment ceilings are defined by cross-reference to the federal URA "as amended." The result: the current federal amounts ($41,200 owner / $9,570 tenant / $33,200 reestablishment / $53,200 fixed in-lieu / $5,000 search) govern.
• DOT&PF. The Alaska Department of Transportation & Public Facilities is the principal displacing agency; its Right-of-Way Relocation manual (Chapter 7) implements both the state act and 49 C.F.R. Part 24. DOT&PF must inspect replacement housing found by the displaced person before paying.
• 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. File within 18 months; confirm the Agency's specific deadline and appeal window.

X. SOURCES AND REFERENCES

• AS 34.60.040 (relocation payments) — https://codes.findlaw.com/ak/title-34-property/ak-st-sect-34-60-040.html
• AS 34.60.050 (replacement housing for homeowners) — https://codes.findlaw.com/ak/title-34-property/ak-st-sect-34-60-050.html
• AS 34.60.060 (replacement housing for tenants and others) — https://codes.findlaw.com/ak/title-34-property/ak-st-sect-34-60-060.html
• Alaska Statutes Title 34, Ch. 60 — https://www.akleg.gov/basis/statutes.asp
• DOT&PF Right-of-Way Relocation Manual (Ch. 7) — https://dot.alaska.gov/stwddes/dcsrow/assets/pdf/manual/2024/ch7.pdf
• 42 U.S.C. §§ 4622–4625 (federal URA) — https://uscode.house.gov/
• 49 C.F.R. Part 24 (federal URA regulations) — https://www.ecfr.gov/current/title-49/subtitle-A/part-24
• 2024 URA rule (cap increases) — https://www.federalregister.gov/documents/2024/05/03/2024-08736/

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.