CHAPTER 8

1. CHAPTER 8 RELOCATION

2. If a project / activity requires the destruction of homes or businesses, it is likely relocation will be necessary Relocation (displacement) impacts are probably the most significant effect of a proposed project / activity on a population or community --- “This is my home. Where am I supposed to go?” --- “But we’ve always shopped at BL&F. We could always find what we wanted there.” [and always at the right price.] However large or small, in absolute numbers displacement is usually a traumatic experience

3. 8.1 Level of Detail and Timing of Studies As with other issues we have discussed, assessment of potentially required relocations can be simplistic and straightforward or complex and convoluted: (1) the appropriate timing of data collection and determination of analytical results --- early on with many alternatives under consideration, an overview / general estimate of impact is all you will have

4. - text offers that anything more detailed is precluded by: … lack of available project data … the spatial and temporal constraints of numerous alternative schemes … project susceptibility to change … early “coming out” without the answers to likely questions creates credibility problems (2) needed information is constantly changing and may not reflect regional conditions for more than a short time period (3) released too early in the assessment process, studies have qualitative value, lack quantitative value (4) needed information is in constant flux

5. Time problems are in direct conflict with the state purpose of the EIS – to elucidate potential impacts as early in the planning process as possible … the EIS process wants potentially impacting information early enough to affect project / activity change or refinement, or go to the No Action Alternative … conversely, a recurrent problem with projects enumerated too early is that they become little more than qualitative exercises with little quantitative or factual closure [good for shaping, frustrating for anyone looking for substance]

6. Interesting Text relates that to overcome this problem, a project / activity may be allowed to proceed in order to derive clarification of currently unknown alternatives / impacts [A self-fulfilling process: “We want to see where this is likely to go. So, let’s see where it goes. We can figure out where it is likely to go.”] --- allowing this to happen can quickly expend a lot of time, effort and money [therefore re-enforcing the need to screen for truly viable alternatives early in the EIS process]

7. Interesting When too much detail is sought too soon in the assessment process, a situation of almost “blind paranoia” can ensue … home / business owners want firm answers long before they become available … lack of answers breeds criticism and expectations of : “aren’t they going to tell us anything” and “there’s something going on” … little to keep normal social and business affairs from grinding to a halt … then if things don’t end up as expected by populations / businesses (or as they think that it should) it provides REAL resentment or outright feelings of being LIED to

8. 8.2 Early Overview Studies Appropriate for early assessment time frames where you have little detail formulated --- by necessity, simple and lacking in detail --- appropriate for input into the planning process and into potential relocation consideration Conversely, early consideration can contribute through: (1) further design of proposed project / activity (2) elimination of certain alternatives to further clarify / streamline issues under consideration (3) determination of overall project / activity feasibility

9. Overview should include: ... review of existing data / data sources and should expand data sources to reflect project / activity direction … establish / clarify project / activity boundaries [expand as necessary – unlikely to constrict] … physical visit over bounded project / activity area … investigate for possible “fatal flaw” existence in the planning / particular alternatives [cemeteries; medical facilities; public facilities; etc] … indication of existence of local housing / business space / governmental facilities for the period during and following up the project / activity

10. 8.3 Defining the Players in Relocation A displaced personis to mean a person who moves from real property, or moves his personal property from real property, as a result of a written notice of intent to acquire or the acquisition of such real property in whole or part by an agency (displacing agency)

11. A displaced persondoes not include (1) a person who has been determined, according to criteria established by the head of the lead agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance; (2) any person (other than the legal occupant at the time of displacement) occupying the dwelling at the time of displacement on a rental basis for a short term or for a period subject to termination when the property is needed for the project

12. A displaced business means any lawful activity, excepting a farm operation, conducted primarily: (1) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (2) for the sale of services to the public; (3) by a non-profit organization;

13. (4) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays A displacing agency means any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person

14. Later stages of project / activity brings firmed / more exact planning [characteristics of project / activity; area to be altered; characteristics of displaced populations / businesses] Displacement boundaries will be known and can be mapped

15. Socioeconomic characteristics of the displaced will be known, and should be articulated --- text: this should include population characteristics (age; mobility; income; etc) housing characteristics (starts; single family / multiple family; price; etc) estimates of neighborhood stability / cohesiveness major activity zones existing business centers land use development and zoning

16. 8.4 Inventory of Displacements Basically just what it says … what kind of displacement is anticipated … how many displacements are anticipated … what are any patterns of displacements (age; race; ethnicity; income; etc) [potential trouble area by disrupting range of housing choice and racial / ethnic composition] … what is the structural integrity of structures displaced? [Excellent; Sound; Deteriorating; Dilapidated]

17. Price range for the destroyed set by survey of recent real estate sales in project / activity area and classed by square-footage; median sales price; special features; etc … this should be reflected in EIS summary tables of relocation and housing for each considered alternative and especially include any special relocation situations

18. 8.5 Relocation Resources Identification of the receiving site of the displaced Criteria for such a site might include: … proximity to displacement site [or not] … comparable housing type, age, condition, price … comparable rental price and vacancy … proximity to major activity centers … access to transit routes … location within same school district … community demographic characteristcs

19. The selected receiving area should be identified through a map and every effort made that it be comparable to the displacement area socially, economically and service As relocation time frame approaches personal interviews should be used to gather information from the “moved” to determine: … preference area for relocation … distribution of number and age population … schools and employment

20. 8.6 Non-Residential Relocations May include commercial (retail / wholesale); industrial; institutional (schools / church / parks / hospitals / etc); public service Each should be defined, described (size / particular needs / employees / hazards / etc) and inventoried --- if necessary to data collection utilized tailored survey mechanisms [be prepared for “guarded answers] --- personal interviews may be utilized

21. Institutional (hospitals / schools / government buildings / shelters / etc) relocations require more detailed data collection --- ex: transportation proximity; siting requirements (siting size; zoning); age and racial mix; specialized services and population Because of potential complications associated with institutional relocations, it is best if projects / activities avoid the classification --- if unavoidable, extensive care needs to be applied to “head-off” as much negative impact as possible and to assess relocation requirements

22. Non- residentials are a good example of impacts that need to be assessed early in the environmental overview to shape the project / activity planning As with the residential, non-residential relocation needs to be summarized and inventoried for special case scenarios / difficulties ex: (1) lot size (2) hazardous materials (3) visual exposure [as necessary] (4) service area

23. As with residentials, analysis should be made of availability of area(s) suitable for relocation --- planners must be cognizant that, depending on location outcomes, some business operations or service providers may go out of business

24. 8.7 Cumulative Impacts Non-residential relocation will frequently bring with it subsidiary impacts: (1) support activities (2) need to relocate special services (3) other projects / activities need to be assessed for their own potential relocation needs

25. 8.8 Mitigation Assistance should be provided to populations / businesses relocated --- Fair Market Value is to be offered to purchase existing property … potential problems might include: (1) sentimental value (2) Fair Market Value for what point-in-time?

26. Interesting ? At what point in time? … when the bulldozers start down the street? … the Steve Pontius Effect? … a real-life case of Centralia, PA? … doesn’t the project itself define the fair market value? … where does the issue of takings come into this?

27. Contact with local government and service officials can assist defining measures reducing impacts As text states: whatever the mitigation provided, relocation will remain a significant, unavoidable adverse impact

28. To address this mitigation / compensation need in 1970 the Fed enacted The Uniform Relocation and Real Property Acquisition Policies Act (1970) An Act to provide for uniform and equitable treatment of persons displaced from their homes, businesses or farms by Federal and federally assisted programs and to establish uniform and equitable land acquisition policies for Federal and federally assisted programs

29. --- required relocation assistance to any person, business, farm operation, displaced in acquisition of property by a public entity for public use … required compliance where Federal funds are used in acquisition or project construction … non-discriminatory … may be paralleled by state provision

30. Compensation may included: (1) moving cost --- supplemental payment in the form of a price differential payment --- payment for select non-recurring costs incidental to purchasing replacement property --- interest differential payment where interest on loan for replacement residence is higher than that of loan on displacement dwelling (2) rent supplement

31. (3) down payment option (with maximum compensation value) (4) Housing of Last Resort Program (49 CFR; Section 25) – used when displacees cannot be relocated because of lack of available comparable replacement housing, or when their anticipated replacement housing payment exceeds the limits of the standard relocation procedures

32. Moving cost for business can include actual moving cost … read “reasonable” relocation and expenses for quantifiable property loss and for the search for a replacement site Business can opt for payment in lieu of moving expenses – funds equal to the average annual net earnings of the business [where the business is reasonably expected to suffer substantial monetary loss because of displacement]

33. 8.9 The Relocation Plan When appropriate in the planning process, the Relocation Plan should be formulated --- text relates that this document is based on basic premises that, if altered, would invalidate part / all study carried out for the project / activity The Plan should do the following:

34. The Plan should do the following: --- relate housing needs to availability --- describe those classes of relocation where no special effort will be required . . --- prepare a schedule of the best estimate of time required --- if there’s a shortage of housing, look at previous project studies to try to generalize the percentage of displacees by housing class who tend to leave the area completely --- note which parcels should be appraised and acquired first

35. … Indicate which parcels for which extra time will be a solution to special problems… such as very large houses; rest homes; residence hotels; elderly housing [I know an old, old bank that caused problems – crossed the National Trust for Historic Preservation] If comparable, decent, safe and sanitary replacement housing is not available, and cannot otherwise be made available, the public sponsor must use project funds for the construction of, or otherwise make available necessary housing … should construction of new replacement housing be required, the Relocation Plan must specify all dimensions

36. Route 374 Displacements and Relocation The preferred alternative will cause 10 residential displacements. One is single family/owner occupied. The other 9 are single family/tenant occupied mobile homes. No minority displacements are expected. There will be no business displacements. The Conceptual Stage Relocation Plan (CSRP) has been completed for the project and is on file. The plan demonstrates that there is an ample supply of housing available to meet the needs of the displaced families. Relocation resources are available to all relocatees without discrimination.