[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.”