(1) When federal funds are available for payment of direct financial assistance to a person that an agency's acquisition of real property displaces, the displacing agency may use those federal funds with state or local funds to the extent federal law provides and may provide direct financial assistance in the instances and on the conditions federal law and regulations establish. (2) (a) When federal funds are not available or used for payment of direct financial assistance to a person that an agency's acquisition of real property displaces, the displacing agency may provide direct financial assistance to the person. (b) Except as provided in Subsection (3), financial assistance authorized by this Subsection (2) may not exceed the total amount that would have been payable under Subsection (1) if federal funds were available or used. (3) (a) (i) The amount of direct financial assistance an agency provides to a person displaced by the agency's acquisition of real property includes actual reasonable expenses necessary to reestablish a displaced farm, a displaced nonprofit organization, or a displaced business at a new site, in accordance with criteria the agency establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (ii) The amount of direct financial assistance provided in accordance with Subsection (3)(a)(i) may not exceed $75,000. (b) The limit on direct financial assistance Subsection (3)(a) describes: (i) applies despite any lower limit established by federal statute or regulation or agency rule; and (ii) does not apply if a higher limit is established by federal statute or regulation. (c) Beginning on July 1, 2027, and on July 1 of each year thereafter, the Department of Transportation shall adjust the limit on direct financial assistance described in Subsection (3) by taking the limit on direct financial assistance for the previous year and adding an amount equal to the greater of: (i) an amount calculated by multiplying the limit on direct financial assistance of the previous year by the actual percentage change during the previous Consumer Price Index as determined by the State Tax Commission; and (ii) 0. (d) On or before January 30 of each year, the Department of Transportation shall: (i) calculate and publish the inflation-adjusted limit on direct financial assistance; and (ii) provide the published inflation-adjusted limit on direct financial assistance to the Office of the Property Rights Ombudsman. (4) (a) A displaced person eligible for payments under this chapter who is displaced from the person's place of business or farm may accept payment under this Subsection (4) in lieu of any payment under the displacing agency's rules if the person is eligible under the agency's criteria. (b) A payment under this Subsection (4) is a fixed payment of at least $1,000 but not more than $75,000. (c) A person whose sole business at the site from which the person is displaced is the rental of property to others does not qualify for payment under this Subsection (4). (5) Assistance under this section may not be provided to a person who is ineligible to receive relocation assistance under a federal statute or regulation.
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