7 CSR 10-4.020 - Relocation Assistance Program
Current through Register Vol. 46, No. 24, December 15, 2021
PURPOSE: This amendment satisfies the commission obligation under state and federal law to duly file the practices and procedures for computing relocation assistance benefits.
PURPOSE: This amendment incorporates changes to the department's Relocation Assistance Program Manual, which were required by the Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21) and changes to Title 23, Code of Federal Regulations, Part 710, effective September 22, 2016.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
Notes
*Original authority: 226.150, RSMo 1939, amended 1977; 227.120, RSMo 1939, amended 2004; and 523.210, RSMo 1971.
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7 CSR 10-4.020 Relocation Assistance Program
PURPOSE: As a condition to receipt of federal-aid highway funds, the commission is required to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 at 42 U.S.C. 4601. It was held in Tonnar v. Missouri State Highways and Transportation Commission, 640 SW2d 527 (Mo. App. 1982) that the commission's practices and procedures for computing relocation assistance benefits provided under federal law must be duly filed under section 536.021, RSMo in order to be effective to govern the rights of the public in this area.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) This rule adopts the department's Engineering Policy Guide, Category 236-Right of Way, Article 8, Relocation Assistance Program, which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, Design Division, 105 West Capitol Avenue, Jefferson City, MO 65102, September 25, 2018 Edition. This rule does not incorporate any subsequent amendments or additions.
(2) For additional information, contact any of the department's district engineers (see 7 CSR 10-1.010 for addresses).
AUTHORITY: sections 226.150, 227.120, and 523.210, RSMo 2016; 42 U.S.C. Chapter 61; 23 CFR Part 710; and 49 CFR Part 24.* Original rule filed March 4, 1983, effective June 15, 1983. Rescinded and readopted: Filed Oct. 14, 1987, effective Jan. 14, 1988. Amended: Filed May 17, 1993, effective Jan. 31, 1994. Amended: March 14, 2007, effective Sept. 30, 2007. Amended: Filed Nov. 14, 2017, effective June 30, 2018. Amended: Filed Dec. 10, 2018, effective July 30, 2019.
*Original authority: 226.150, RSMo 1939, amended 1977; 227.120, RSMo 1939, amended 2004; and 523.210, RSMo 1971.