Relocation Assistance Claim - Delaware

RELOCATION ASSISTANCE CLAIM — DELAWARE

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 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 Delaware's Uniform Relocation Assistance statute, 29 Del. C. § 9301 et seq., and Delaware's Real Property Acquisition chapter, 29 Del. C. § 9501 et seq. (DelDOT highway acquisitions also proceed under Title 17). Delaware's statute incorporates the criteria of 49 C.F.R. Part 24 (29 Del. C. § 9301(4)) and, by 29 Del. C. § 9305, directs agencies to make payments assuring maximum federal participation under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq.

Under 29 Del. C. § 9314, these benefits are in addition to just compensation in any condemnation proceeding and are not a duplication of the condemnation award.

II. CLAIMANT AND DISPLACEMENT DETAILS

Type of displaced person (select all that apply):

☐ Residential owner-occupant (owned and occupied at least 180 days before initiation of negotiations) (29 Del. C. § 9303; cf. 49 C.F.R. § 24.401)
☐ Residential occupant (owned/occupied at least 90 days) (29 Del. C. § 9304; cf. 49 C.F.R. § 24.402)
☐ Business owner / operator (29 Del. C. § 9302; 49 C.F.R. §§ 24.301–24.306)
☐ Farm operation (29 Del. C. § 9302)
☐ Nonprofit organization (29 Del. C. § 9302)

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 29 Del. C. § 9301(5) and 49 C.F.R. § 24.2, and that Claimant:

☐ Lawfully occupied the displaced property and was not unlawfully occupying or evicted for cause before negotiations (29 Del. C. § 9301(5)b.);
☐ 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);
☐ Has not previously received payment for the items claimed; and
☐ For business/farm/nonprofit claims, meets the applicable eligibility and material-contribution standards.

IV. ITEMIZED BENEFITS CLAIMED

(a) Moving Expenses

Residential — choose ONE method (29 Del. C. § 9302; 49 C.F.R. §§ 24.301–24.302):

☐ Actual reasonable moving expenses (documented):

☐ Fixed Residential Moving Cost Schedule (FHWA schedule / agency fixed expense allowance, § 9302(b)) — rooms of furniture: [____] — fixed amount: $[____]

☐ Miscellaneous relocation expenses within 30 days of relocation, not to exceed 1% of appraised residential FMV (29 Del. C. § 9302(d)): $[____]

Business / Farm / Nonprofit moving expenses (29 Del. C. § 9302(a); 49 C.F.R. §§ 24.301, 24.303):

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

☐ Homeowner-occupant — 180-day (29 Del. C. § 9303; DE cap $22,500) OR federal 90-day (49 C.F.R. § 24.401; cap $41,200) — confirm which applies:

☐ Tenant / 90-day occupant (29 Del. C. § 9304; DE cap $5,250 over 42 months) OR federal (49 C.F.R. § 24.402; cap $9,570) — confirm which applies:

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

☐ Reestablishment expenses (small business / farm / nonprofit) — DE: § 9302(a)(4) up to $10,000 (state agencies may exceed under criteria, total not to exceed $22,500, no federal reimbursement of excess); federal: 49 C.F.R. § 24.304 up to $33,200 — confirm which applies:

☐ Fixed payment in lieu of moving & reestablishment (business / farm) — DE: § 9302(c) $1,000–$20,000; federal: 49 C.F.R. § 24.305 $1,000–$53,200 — confirm which applies. Average annual net earnings: $[____]. Fixed payment claimed: $[____]

(d) Incidental / Closing Costs (29 Del. C. § 9303(a)(3); 49 C.F.R. §§ 24.401(f), 24.402(c))

(e) Advisory Services (29 Del. C. § 9306; 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 of intent to acquire
☐ 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. State statute with its own caps. 29 Del. C. ch. 93 provides Delaware caps: homeowner RHP $22,500 (§ 9303); tenant rental/down-payment $5,250 (§ 9304); fixed in-lieu business/farm payment $1,000–$20,000 (§ 9302(c)); reestablishment up to $10,000, total not to exceed $22,500 for state agencies (§ 9302(a)(4)); miscellaneous expenses up to 1% of appraised residential FMV (§ 9302(d)).
2. Maximum federal participation. 29 Del. C. § 9305 directs agencies to make payments that assure maximum federal participation; § 9301(4) ties criteria to 49 C.F.R. Part 24. On federally assisted projects the current federal caps govern.
3. Current federal caps (49 C.F.R. Part 24, eff. June 3, 2024). Homeowner RHP up to $41,200 (24.401); tenant rental/down-payment up to $9,570 (24.402); reestablishment up to $33,200 (24.304); fixed payment in lieu $1,000–$53,200 (24.305). These reflect the MAP-21 (2014) increases as later adjusted.
4. In addition to just compensation. 29 Del. C. § 9314 — relocation payments are in addition to the condemnation award and are not a duplication.
5. 18-month claim period. 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 prompt payment (29 Del. C. § 9308(a)(2)) and, in hardship cases, an advance payment (§ 9308(a)(2); 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 (29 Del. C. § 9314; 29 Del. C. § 9501 et seq.).
2. Claimant reserves the right to amend or supplement this claim and submit additional documentation.
3. Appeal. If any benefit is denied or reduced, Claimant may have the application reviewed by the head of the agency under 29 Del. C. § 9308(a)(3), and may file a written appeal under 49 C.F.R. § 24.10 (time limit not less than 60 days after written notice). Claimant is entitled to representation (at Claimant's expense), to inspect non-confidential file materials, and to review by an official not involved in the original determination, followed by a written decision. 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. DELAWARE PRACTICE NOTES

• State statute with distinct caps. Unlike states that rely solely on the federal Act, Delaware has its own Uniform Relocation Assistance chapter (29 Del. C. ch. 93) with lower statutory caps (e.g., $22,500 homeowner; $5,250 tenant; $20,000 fixed business payment; $10,000/$22,500 reestablishment). Identify at the outset whether the project is federally assisted.
• Maximum federal participation. § 9305 and the incorporation of 49 C.F.R. Part 24 criteria (§ 9301(4)) mean that on federal-aid projects (typically DelDOT/FHWA) the higher current federal caps apply. Confirm with the agency which caps govern.
• Agencies. DelDOT acquires highway right-of-way (Title 17) and administers transportation-project relocation; other state agencies and political subdivisions administer relocation on their own acquisitions (29 Del. C. § 9501(b) defines "agency").
• Occupancy thresholds. Note the 180-day homeowner threshold in § 9303 (vs. the federal 90-day standard in 49 C.F.R. § 24.401) and the 90-day occupant threshold in § 9304.
• Tax / benefit treatment. Relocation payments are excluded from income for state tax and public-assistance eligibility (29 Del. C. § 9313) and are in addition to just compensation (§ 9314).
• Deadlines. 18 months to file (49 C.F.R. § 24.207(d)); agency-head review (§ 9308(a)(3)); appeal within at least 60 days (49 C.F.R. § 24.10(c)).

X. SOURCES AND REFERENCES

• 29 Del. C. ch. 93 (Uniform Relocation Assistance), §§ 9301–9314 — https://delcode.delaware.gov/title29/c093/
• 29 Del. C. ch. 95 (Real Property Acquisition), § 9501 et seq. — https://delcode.delaware.gov/title29/c095/
• Title 17 (Highways; DelDOT jurisdiction & relocation) — https://delcode.delaware.gov/title17/
• 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, and Delaware statutory caps differ from federal caps. A Delaware-licensed attorney should review and customize this document, and all amounts should be confirmed with the displacing agency, before filing.