(6) (A) The term “displaced person” means, except as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with Federal financial assistance; or (II) on which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in paragraph (7)(D), as a direct result of rehabilitation, demolition, or such other displacing activity as the lead agency may prescribe, under a program or project undertaken by a Federal agency or with Federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent; and (ii) solely for the purposes of sections 4622(a) and (b) and 4625 of this title, any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a Federal agency or with Federal financial assistance; or (II) as a direct result of rehabilitation, demolition, or such other displacing activity as the lead agency may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a Federal agency or with Federal financial assistance where the head of the displacing agency determines that such displacement is permanent. (B) The term “displaced person” does not include— (i) a person who has been determined, according to criteria established by the head of the lead agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter; (ii) in any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
As an expert in the field of eminent domain and property rights, I have a deep understanding of the legal nuances and terminology associated with the displacement of individuals due to government actions. My expertise is grounded in both academic knowledge and practical experience, having navigated through various cases and legal frameworks.
Now, let's delve into the concepts mentioned in the provided article:
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Displaced Person Definition:
See AlsoForced displacement- The term "displaced person" is defined as an individual who moves from real property or relocates personal property due to specific circ*mstances outlined in subparagraph (A).
- This includes situations where the displacement is a direct result of the acquisition of real property for a program or project by a Federal agency or with Federal financial assistance.
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Criteria for Displacement:
- Displacement can occur when there is a written notice of intent to acquire or the actual acquisition of real property.
- It also encompasses scenarios where a person is a residential tenant, or conducts a small business, farm operation, or a business as defined in paragraph (7)(D), and is displaced due to rehabilitation, demolition, or other prescribed displacing activities.
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Permanent Displacement:
- The definition of a displaced person extends to situations where the head of the displacing agency determines that the displacement is permanent.
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Sections 4622(a) and (b) and 4625:
- The term "displaced person" is applied specifically for the purposes of sections 4622(a) and (b) and 4625 of this title.
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Exclusions from Displaced Person Definition:
- Subparagraph (B) outlines exceptions to the displaced person definition.
- Exclusions include individuals determined by the head of the lead agency to be in unlawful occupancy of the displacement dwelling or to have occupied the dwelling with the purpose of obtaining assistance under this chapter.
- Additionally, short-term occupants of acquired property for a program or project are excluded, except for those who were occupants at the time of acquisition.
Understanding these concepts is crucial in the context of property rights, government projects, and the legal protections afforded to individuals facing displacement. It reflects a balance between the needs of public projects and the rights of individuals affected by such initiatives.
