CADDNAR


[CITE: Granderson, et ux. v. DNR, 1 CADDNAR 13 (1978)]

 

[VOLUME 1, PAGE 13]

 

 

Cause #: 78-012Q

Caption: Granderson, et ux. v. DNR
Administrative Law Judge: Garver  
Attorneys: Hawkey; Zlatos, DAG
Date: December 19, 1978


ORDER

 

1) It is ordered the Petitioners provide information to the Department which would indicate the financial means of the Petitioners to rent comparable property; specifically annual gross income.

 

2) That the Department acquire the proper information so that it can determine the economic rent of the subject dwelling, provide three available comparable rental units, and do all other acts necessary to comply with the requirements of applicable State and Federal law. Findings of Fact:

 

3) that the Department give Petitioners adequate ninety (90) day notice pursuant to the proper provisions of State and Federal law.

 

Findings of Fact:

 

1. The acquisition of land and the treatment of displaced persons by the Department relative to the development of the Southeastern Recreational Area located in Posey County, Indiana, is subject to the provisions of Indiana Relocation Assistance Act (IC 8-13-18.5 et seq.) and the Federal Uniform Relocation Assistance and Land Acquisition Policy Act of 1970 (42 UACA 4601-4655). 2. IC 8-13-18.5-8 provides as follows:

 

"(a) Whenever acquisition of, or code enforcement upon, real property by an agency will result in the displacement of any person on or after the effective date (September 2, 1971) of this chapter, such agency will provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (c) of this section. If the agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer such person relocation advisory services under such program.

(b) Any agency causing displacement of any person shall cooperate to the maximum feasible extent with federal, state or local agencies administering programs which may be of assistance to displaced persons, in order to assure that such persons receive the maximum assistance available to them.

(c) Each relocation assistance advisory program required by subsection (a) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to:

 

1) determine the need, if any, of displaced persons for relocation assistance;

2) provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses;

3) assure that, within a reasonable period of time, prior to displacement there will be available in areas not generally less desirable in regard to public utilities and commercial facilities and at rents or prices within the means of the families.”