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~ <br />~ ~ <br />claim in a letter sent to the claimant August 28, 1998 (attached) to which the claimant responded <br />by letter on September 8, 1~8 (attached), because it appeared that the property in question <br />(reception station and bookcases) was attached or "affixed" to the building and was "unmovable" <br />(see descriptions of the property on the attached Substitute Personal Property Claim form). <br />Property that is "attached or affixed" in a more or less permanent manner has historically been <br />considered real property. The guiding criteria in the Code of Federal Reguladons is the <br />following: <br />49 C.F.R. 24.105(b) ~.ip,~vvements considered to ~, re~l prQpert~ Any <br />building, structure, ar other improvement, which would be considered to be real <br />property if owned by the owner of the real property on which it is located, shall <br />be considered to be real property for purposes of this Subpart. <br />It is this reviewers opinion that the property in question is "real" property, not "personal" <br />property, and therefore does r~c~t qualify under the provision for loss of tangible personal <br />property, notwithstanding ttte elaimant's assertion (see letter) that they were never advised by <br />agents of the County to seek campensation as a part of the acquisition of the building by Marion <br />County. <br />However, under 49 C.F.R 24.105, there are provisions for payment of tenant-owned <br />improvements, under certain circumstances, as part of the acquisition process. The cost of these <br />improvements at the replacemexit site have mented. It may therefore be appropriate <br />for the County to consider paytnent of the 5 933.33 the clai~nant as part of the real property <br />acquisition pr~ess if it is determined that the payment is justified. <br />** A claim of $1,082.50 was submitted for this item. However, it included reimbursement for <br />the original stationery. The relocation act only provides for the cost of "replacing" the <br />stationery. Therefore, the amount was reduced in half per the actual documented costs. <br />In summary, the relocation benefits claimed and documented that are allowed under the Federal <br />Act are as follows: <br />Search for Replacement Site: $ 1, 000. 00 <br />Reestablishment Expenses: 10,000.00 <br />Related Moving Expenses: 5,556.25 <br />$16,556.25 <br />If you have any questions regarding this determination or if I ean provide you any additional <br />information, please call me. <br />Sincerely, <br />~ °~~,...~. <br />Roger anna, Relocation Consultant <br />