Relocation Assistance Claim - Alabama

RELOCATION ASSISTANCE CLAIM — ALABAMA

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 AGENCY] ("Agency") for the [PROJECT].

This claim is made under Ala. Code § 23-1-210, which authorizes Alabama public entities to provide relocation assistance and make relocation payments in connection with federally aided projects, and under the federal Uniform Relocation Assistance Act, 42 U.S.C. § 4601 et seq. (including §§ 4622–4625), and the implementing regulations at 49 C.F.R. Part 24. Because Alabama does not set independent statutory benefit levels, the federal URA and 49 C.F.R. Part 24 supply the substantive standards, eligibility rules, and dollar caps for this claim.

Relocation benefits are separate from, and in addition to, just compensation for the property acquired. Ala. Const. art. I, § 23; Ala. Code § 18-1A-1 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 (49 C.F.R. § 24.401)
☐ Residential tenant / 90-day occupant — lawfully occupied for not less than 90 days (49 C.F.R. § 24.402)
☐ Business — 49 C.F.R. § 24.304
☐ Farm operation — 49 C.F.R. § 24.304
☐ Nonprofit organization — 49 C.F.R. § 24.304

III. ELIGIBILITY

Claimant certifies eligibility as a "displaced person" under 49 C.F.R. § 24.2(a):

☐ The project is wholly or partially financed with federal funds (the trigger for Ala. Code § 23-1-210 and the URA).
☐ Claimant moved (or will move) as a direct result of a written notice of intent to acquire, initiation of negotiations, or acquisition for the Project.
☐ Claimant is lawfully present in the United States (49 C.F.R. § 24.208).
☐ Claimant is not an unlawful occupant and did not occupy solely to obtain assistance.
☐ Owner claims: owned and occupied for not less than 90 days; mortgage-interest differential requires a bona fide mortgage that was a valid lien for at least 180 days before initiation of negotiations (49 C.F.R. § 24.401(d)).
☐ Tenant claims: lawfully occupied for not less than 90 days before initiation of negotiations.

IV. ITEMIZED BENEFITS CLAIMED

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

Method (residential): ☐ Actual reasonable expenses (documented) ☐ Fixed moving and dislocation allowance (per schedule, 49 C.F.R. § 24.302)

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

Owner-occupant (90-day) — 42 U.S.C. § 4623; 49 C.F.R. § 24.401 (cap $41,200)

Must purchase and occupy a decent, safe, and sanitary replacement dwelling within one year (49 C.F.R. § 24.401(a)(2)). Cap: ☐ $41,200 ☐ Last-resort amount under 49 C.F.R. § 24.404.

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

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

(d) Incidental / Closing Costs

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

☐ I was offered advisory assistance and at least one comparable replacement dwelling/site.
☐ I was informed of my relocation rights, benefits, and the appeal process.
☐ I was advised that no payment received under the Uniform Act is considered income for state-tax purposes (per ALDOT Right of Way Manual).
☐ 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. State authorization. Ala. Code § 23-1-210 authorizes the Agency to provide relocation assistance and payments in connection with federally aided projects. Alabama sets no independent benefit caps.
2. Moving expenses. 49 C.F.R. §§ 24.301–24.305: actual reasonable expenses or a fixed schedule allowance; search up to $5,000; reestablishment up to $33,200; fixed in-lieu (business/farm) up to $53,200.
3. Owner replacement housing. 42 U.S.C. § 4623; 49 C.F.R. § 24.401: up to $41,200 for a 90-day owner-occupant; purchase/occupy within one year.
4. Tenant assistance. 42 U.S.C. § 4624; 49 C.F.R. § 24.402: up to $9,570 (rental, up to 42 months) or down-payment.
5. Housing of last resort. 49 C.F.R. § 24.404 authorizes payments above the caps where needed to obtain comparable replacement housing.
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 (Ala. Const. art. I, § 23; Alabama Eminent Domain Code, Ala. Code § 18-1A-1 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 under 49 C.F.R. § 24.10 and the Agency's relocation grievance procedure. 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 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 — Alabama State Bar No. [__________]
[FIRM NAME] · [ADDRESS] · Tel: [__________] · Email: [__________]

IX. ALABAMA PRACTICE NOTES

• No comprehensive state act — federal URA governs. Ala. Code § 23-1-210 (Article 8A of Title 23, Highways) is a brief enabling/authorization statute. It empowers state agencies, counties, municipalities, and other public bodies to provide relocation assistance and payments for federally aided projects but sets no Alabama benefit levels or caps; the substantive standards and dollar amounts come from the URA and 49 C.F.R. Part 24. Do not assert an "Alabama cap" — claim the federal amounts.
• ALDOT. The Alabama Department of Transportation Right-of-Way Bureau, Relocation Assistance Section, administers relocation benefits for highway and federally funded transportation projects under 49 C.F.R. Part 24, per its published Right of Way Manual (Relocation Assistance Section), which also advises that Uniform Act payments are not income for state-tax purposes.
• Federal funds trigger. Both § 23-1-210 and the URA are triggered by federal financial participation. For a purely state-funded taking, relocation benefits may be unavailable; confirm with the agency.
• Just compensation is separate. The Alabama Eminent Domain Code (Ala. Code § 18-1A-1 et seq.) governs the value of the property taken; relocation benefits are additional and must not be duplicated.
• Deadline. File within 18 months; confirm the Agency's specific deadline and appeal window.

X. SOURCES AND REFERENCES

• Ala. Code § 23-1-210 (authorization to provide relocation assistance) — https://law.justia.com/codes/alabama/title-23/chapter-1/article-8a/section-23-1-210/
• Ala. Code § 18-1A-1 et seq. (Alabama Eminent Domain Code) — https://alison.legislature.state.al.us/code-of-alabama
• ALDOT Right of Way Manual — Relocation Assistance Section — https://www.dot.state.al.us/publications/ROW/pdf/RelocationManual.pdf
• 42 U.S.C. §§ 4622–4625 (federal URA) — https://uscode.house.gov/
• 49 C.F.R. Part 24 (federal URA regulations; §§ 24.301, 24.304, 24.305, 24.401, 24.402, 24.404, 24.10) — 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. Alabama does not have a comprehensive substantive relocation statute; benefits are governed primarily by the federal Uniform Relocation Act and 49 C.F.R. Part 24, authorized by Ala. Code § 23-1-210. An attorney licensed in Alabama should review and customize this claim before filing. Verify all citations and current benefit amounts before relying on them.