40-2008. COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEMNATION PROCEEDINGS — ADJUSTMENT AFTER JUDGMENT. In the event an acquisition payment to an owner-occupant for a dwelling cannot be finally determined because condemnation proceedings may become necessary or are pending against the property, the replacement housing payment authorized by section 40-2005(1), Idaho Code, shall be made and computed as though the maximum offer of the state or agency for the property is the actual acquisition payment. In the event the final award and judgment rendered in the condemnation proceedings exceeds the state’s highest offer, any difference between the offer and the judgment shall be deducted from the replacement housing payment, but in no event shall the judgment be reduced by more than the amount of the replacement housing payment.
History:
[40-2008, added 1985, ch. 253, sec. 2, p. 693.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 20 - HIGHWAY RELOCATION ASSISTANCE
Section 40-2001 - RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS — LEGISLATIVE FINDING.
Section 40-2002 - RELOCATION ADVISORY ASSISTANCE.
Section 40-2003 - LOCAL RELOCATION ADVISORY ASSISTANCE OFFICES.
Section 40-2006 - HOUSING REPLACEMENT AS LAST RESORT.
Section 40-2007 - COMPENSATION FOR MISCELLANEOUS EXPENSES.
Section 40-2009 - RELOCATION PAYMENTS NOT INCOME.
Section 40-2010 - REVIEW OF DETERMINATIONS.
Section 40-2011 - EMINENT DOMAIN DAMAGES UNAFFECTED.
Section 40-2012 - FEDERAL UNIFORM RELOCATION ASSISTANCE ACT.