Section 160. Ninety-day assurance notice

A. The construction or development of a highway project must be scheduled so that to the greatest extent practicable assurance will be made that no person lawfully occupying real property will be required to move from a dwelling, business, farm or nonprofit organization for at least 90 days from the date the written offer for the property is made by the department.

B. A 90-day assurance notice will be issued when a written offer for the property is made. In the case of a residential displacee, the 90-day assurance notice will be issued on or after the date a written offer for the property and the replacement housing payment offer have been made. The 90-day assurance notice will state that the displaced person will not be required to move from a dwelling, business, farm or nonprofit organization before 90 days from the date of the notice. The 90-day assurance notice will further state the displaced person will be given a specific date by which the property must be vacated in a final written notice to be issued at least 30 days in advance of the specific date.

C. The final written notice may be given to the displaced person at the time the department has legal possession of the property, provided the specific vacation date is at least 90 days after the date the written offer for the property was made and at least 30 days in advance of the date the property must be vacated. No written final notice will be required where a displaced person moves prior to the time such notice should be given. The file should indicate that the displaced person moved prior to the final notice being issued.

Historical Notes

Derived from Volume 18, Issue 03, eff. November 21, 2001.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.