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.
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