Relocation Assistance Claim - Colorado

RELOCATION ASSISTANCE CLAIM — COLORADO

SUBMITTED VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EMAIL

I. INTRODUCTION AND STATUTORY BASIS

This is a formal claim for relocation assistance benefits submitted by [CLAIMANT NAME] ("Claimant"), a displaced person who is required to move as a direct result of the acquisition of real property by [DISPLACING AGENCY] ("Agency") for the [PROJECT] (the "Project").

This claim is made under the relocation authority identified by the displacing agency. Colorado's relocation assistance law, C.R.S. § 24-56-101 et seq., establishes a uniform state policy, but it does not make every Colorado acquisition a federal 49 C.F.R. Part 24 project. Under C.R.S. § 24-56-108, DOLA administers nonhighway federally assisted programs; CDOT has primary authority for state-highway programs and may use the state article for projects funded from the state highway fund. Use the federal benefit schedule in this packet only after the Agency confirms that Part 24 or an equivalent adopted program governs this displacement.

Coverage confirmation: The Agency states that this claim is governed by [IDENTIFY STATUTE, REGULATION, GRANT TERM, OR WRITTEN AGENCY DETERMINATION]. Attach the confirming notice, relocation plan, grant condition, or benefits letter as Exhibit [____]. If coverage is disputed or unknown, do not assume that the federal caps below apply.

These relocation benefits are separate from and in addition to just compensation payable in the eminent domain proceeding (C.R.S. § 38-1-101 et seq.) and are not a substitute for, offset against, or duplication of just compensation.

II. CLAIMANT AND DISPLACEMENT DETAILS

Type of displaced person (select all that apply):

☐ Residential owner-occupant (owned and occupied at least 90 days before initiation of negotiations) (42 U.S.C. § 4623; 49 C.F.R. § 24.401)
☐ Residential tenant (occupied at least 90 days before initiation of negotiations) (42 U.S.C. § 4624; 49 C.F.R. § 24.402)
☐ Business owner / operator (49 C.F.R. §§ 24.301–24.306)
☐ Farm operation (49 C.F.R. §§ 24.301–24.306)
☐ Nonprofit organization (49 C.F.R. §§ 24.301–24.306)

Cause / type of displacement:

☐ Total acquisition of the property
☐ Partial acquisition rendering the property unusable / uninhabitable
☐ Permanent / temporary easement requiring relocation
☐ Demolition / rehabilitation under the Project
☐ Other: [________________________________]

III. ELIGIBILITY

Claimant certifies eligibility as a "displaced person" under C.R.S. § 24-56-102 and 49 C.F.R. § 24.2, and that Claimant:

☐ Lawfully occupied the displaced property;
☐ Moved (or will move) as a direct result of the Agency's acquisition / notice of intent to acquire;
☐ Has rented or purchased and occupied (or will occupy) a decent, safe, and sanitary replacement dwelling / site within the applicable period (1 year for owners/tenants under 49 C.F.R. §§ 24.401–24.402);
☐ Has not previously received payment for the items claimed; and
☐ For business/farm/nonprofit claims, contributed materially to income and meets the substantial-loss-of-patronage standard (49 C.F.R. § 24.305).

IV. ITEMIZED BENEFITS CLAIMED

(a) Moving Expenses

Residential — choose ONE method (49 C.F.R. §§ 24.301–24.302):

☐ Actual reasonable moving expenses (documented):

☐ Fixed Residential Moving Cost Schedule (FHWA schedule; no receipts) — rooms of furniture: [____] — fixed amount: $[____]

Business / Farm / Nonprofit moving expenses (49 C.F.R. §§ 24.301, 24.303):

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

☐ 90-day homeowner-occupant (49 C.F.R. § 24.401; cap $41,200 — confirm):

☐ 90-day tenant (or eligible owner electing to rent) (49 C.F.R. § 24.402; cap $9,570 — confirm):

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

☐ Reestablishment expenses (small business / farm / nonprofit) (49 C.F.R. § 24.304; cap $33,200 — confirm):

☐ Fixed payment in lieu of moving & reestablishment (business / farm / nonprofit) (49 C.F.R. § 24.305; $1,000 min – $53,200 max — confirm). Average annual net earnings: $[____]. Fixed payment claimed: $[____]

(d) Incidental / Closing Costs (49 C.F.R. §§ 24.401(f), 24.402(c))

(e) Advisory Services (C.R.S. § 24-56-104; 42 U.S.C. § 4625; 49 C.F.R. § 24.205)

☐ I was offered relocation advisory assistance and referrals to comparable replacement dwellings/sites.
☐ I was informed in writing of my relocation rights and benefits.
☐ I was NOT provided required advisory services (explain): [________________________________]

Documentation checklist (attach; check all included):

☐ Copy of displacement / acquisition notice
☐ Two moving estimates and/or paid invoices and receipts
☐ Proof of occupancy and dates (lease, deed, utility bills, tax records)
☐ Settlement statement / closing disclosure for replacement dwelling
☐ Mortgage documents (displacement and replacement)
☐ Business / farm tax returns and financial statements (2+ years)
☐ Photographs / inventory of personal property
☐ Comparable replacement dwelling / site documentation
☐ Other: [________________________________]

TOTAL RELOCATION BENEFITS CLAIMED: $[____]

V. STATUTORY BASIS AND CAPS

1. Coverage controls the schedule. C.R.S. § 24-56-101 establishes Colorado's uniform policy; C.R.S. § 24-56-108 assigns program administration and allows CDOT to use the article for state-highway-fund projects. The current federal caps below apply only when federal funding, an adopted agency rule, or another controlling source makes 49 C.F.R. Part 24 applicable.
2. Moving expenses — actual reasonable cost or the FHWA fixed schedule (residential); actual cost, search, and direct-loss for nonresidential (49 C.F.R. §§ 24.301–24.303).
3. Replacement housing — 90-day owner-occupant payment up to $41,200 (49 C.F.R. § 24.401); 90-day tenant rental/down-payment up to $9,570 (49 C.F.R. § 24.402). These caps reflect the MAP-21 (2014) increases as later inflation-adjusted.
4. Reestablishment up to $33,200 (49 C.F.R. § 24.304); fixed payment in lieu $1,000–$53,200 (49 C.F.R. § 24.305).
5. 18-month claim period. All claims must be filed no later than 18 months after the date of displacement (tenants) or the later of displacement or final acquisition payment (owners). 49 C.F.R. § 24.207(d). Good cause extensions are available.

VI. DEMAND FOR DETERMINATION AND PAYMENT

Claimant requests that the Agency:

1. Determine eligibility and the amount of each benefit and issue payment of $[____]; and
2. Within [____] days of the date of this claim, and no later than [__/__/____], provide a written determination identifying any amount approved or denied, the basis for any denial, and the procedures and time limit for appeal.

Claimant requests expeditious review and, if a hardship exists, an advance payment under 49 C.F.R. § 24.207(c).

VII. RESERVATION OF RIGHTS AND APPEAL

1. This relocation claim is separate from and does not waive, reduce, or compromise Claimant's claim to just compensation in the eminent domain proceeding (C.R.S. § 38-1-101 et seq.).
2. Claimant reserves the right to amend or supplement this claim and to submit additional documentation.
3. Appeal. If any benefit is denied or reduced, Claimant may file a written appeal with the Agency. The time limit is not less than 60 days after written notice of the determination (49 C.F.R. § 24.10(c)). Claimant is entitled to representation (at Claimant's expense), to inspect non-confidential file materials, and to a review by an official not involved in the original determination, followed by a written decision. For federally assisted CDBG/HOME projects, appeals are processed by the Colorado Department of Local Affairs; for CDOT highway projects, under 2 CCR 601-13. Claimant may seek judicial review after the administrative appeal.

Nothing in this claim is an admission or waiver.

VIII. CERTIFICATION AND SIGNATURE

I certify under penalty of perjury that the information in this claim is true and correct and that the expenses claimed were or will be actually incurred in connection with my displacement.

Signature: [________________________________]

Printed name: [CLAIMANT NAME] ☐ Displaced person ☐ Authorized representative

Date: [__/__/____]

Prepared by (if representative): [__________] Phone: [__________] Email: [__________]

IX. COLORADO PRACTICE NOTES

• Program / agencies. C.R.S. § 24-56-108 assigns DOLA the nonhighway federally assisted program and gives CDOT primary authority for state-highway acquisition and relocation. CDOT may use the state article for state-highway-fund projects. Obtain the Agency's written coverage determination before using the Part 24 claim schedule.
• Separate from just compensation. Relocation benefits are statutory and independent of the eminent domain valuation under C.R.S. § 38-1-101 et seq. Keep them separate to avoid duplication and to avoid waiving the condemnation claim.
• Caps follow coverage. When current Part 24 applies, the federal figures are $41,200 (homeowner), $9,570 (tenant), $33,200 (reestablishment), and $53,200 maximum fixed payment. Colorado's state statutory eligibility and amounts are not identical, so do not use these figures solely because the project is in Colorado.
• Deadlines. 18 months to file (49 C.F.R. § 24.207(d)); appeal within at least 60 days (49 C.F.R. § 24.10(c)); DOLA's CDBG/HOME appeal process mirrors 49 C.F.R. § 24.10 with a 60-day filing window and a 45-day State decision.
• Federal interplay. Colorado relies primarily on the federal Uniform Act framework; benefit levels and procedures track 49 C.F.R. Part 24.

X. SOURCES AND REFERENCES

• C.R.S. § 24-56-101 et seq. (relocation assistance) — https://leg.colorado.gov/
• 2 CCR 601-13 (CDOT Uniform Relocation Assistance regulations) — https://www.sos.state.co.us/CCR/
• CDOT Right-of-Way Manual, Chapter 5 (Relocation) — https://www.codot.gov/business/manuals/right-of-way-manual
• Colorado DOLA Appeals Process (CDBG/HOME relocation) — https://dlg.colorado.gov/cdola-appeals-process
• 42 U.S.C. § 4601 et seq.; §§ 4622–4625 — https://uscode.house.gov/
• 49 C.F.R. Part 24 (esp. §§ 24.301–24.305, 24.401–24.404, 24.10, 24.207) — https://www.ecfr.gov/current/title-49/part-24
• FHWA Uniform Act final rule (eff. June 3, 2024), 89 FR 36908 — https://www.federalregister.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Relocation benefits, caps, and deadlines vary by funding source and agency and change over time. A Colorado-licensed attorney should review and customize this document, and all amounts should be confirmed with the displacing agency, before filing.