STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VELTIE A. DODSON, )

)

Petitioner, )

)

vs. ) CASE NO. 76-678

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

PURSUANT TO NOTICE, The Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on January 26, 1977, in Tavares, Florida.

The following appearances were entered:

Veltie A. Dodson, the Petitioner, appeared on his own behalf; Philip Bennett, Tallahassee, Florida, appeared on behalf of the Respondent, Department of Transportation.

On March 4, 1976, the Petitioner, Veltie A. Dodson ("Petitioner" hereafter) filed an appeal from the decision of the Department of Transportation regarding relocation assistance payments. In accordance with Florida Statutes 120.57(1)(b)(3), the Department of Transportation requested that a hearing officer from the Division of Administrative Hearings conduct a hearing. A copy of the Department of Transportation's request for assignment of a hearing officer, and the attachments which were provided therewith was received in evidence as Hearing Officer's Exhibit 1. The Petitioner has moved his residence to the State of Virginia. In order to cause as little inconvenience as possible to the Petitioner, the hearing was delayed, and was scheduled in accordance with an amended Notice of Hearing, dated January 12, 1977 (Hearing Officer's Exhibit 2). The issue presented in this case is whether the Petitioner is entitled to relocation assistance monetary benefits in addition to those determined appropriate by the Department of Transportation.

The Department of Transportation called the following witnesses: David L. Nicholson, a Department of Transportation Right of Way Agent; and Mark W. Edwards, a former Department of Transportation Right of Way Agent. The Petitioner appeared as a witness on his own behalf. Hearing Officer's Exhibits

1 and 2, Petitioner's Exhibit 1, and Respondent's Exhibit 1 were received into evidence at the hearing.

FINDINGS OF FACT

1. The Petitioner owned property in Charlotte County, Florida which laid within the right of way of proposed Federal Highway 1-75. The Petitioner's property was required for the highway right of way. The Petitioner lived on the property in a mobile home for more than ninety (90) days prior to the time that

   officials of the Florida Department of Transportation initiated negotiations for acquisition of the property.

   
   

2. During February, 1975, David L. Nicholson, a Right of Way Agent with the Department of Transportation, contacted the Petitioner in order to negotiate the acquisition of the Petitioner's property, and to explain the amount of relocation assistance benefits that the Petitioner might be entitled to receive in order to compensate him for his having to move his residence. Petitioner was offered $3,500.00 in relocation benefits. This offer was predicated on the Petitioner's remaining an owner/occupant of new property to which he moved.

   When Mr. Nicholson was advised that the Petitioner was going to be renting new property, rather than purchasing it, Mr. Nicholson advised the Petitioner that he could receive up to $4,000.00 in rent supplements. The Petitioner construed the $4,000.00 figure as the amount that he would receive. The $4,000.00 was actually the highest figure that the Petitioner could receive, and was considerably more than the Petitioner was entitled to receive.

   
   

3. The Department of Transportation compensated the Petitioner for the cost of moving his mobile home, and setting it up on the lot which the Petitioner was renting. The amount provided the Petitioner for this purpose was

   $970.15. Petitioner concedes that he was adequately compensated for moving and setting up his mobile home. The rental value of the Petitioner's property in Charlotte County, without the mobile home on it was $50.00 per month. This figure is called the "economic rent" of the property. A comparable lot in Charlotte County, Florida, would have cost the Petitioner $55.00 per month to rent. The difference between the monthly rental of a comparable lot, and the economic rent of the Petitioner's property was $5.00. If the Petitioner received this amount for four years, he would be entitled to $240.00. The Department of Transportation offered to pay this amount to the Petitioner, but he refused it, contending that he is entitled to $4,000.00.

   
   

4. No evidence was offered at the hearing from which it could be concluded that Petitioner was entitled to receive more than the $970.15 provided him to move and set up his mobile home, and $240.00, the difference between the rental value of a comparable lot, and the economic rent of the Petitioner's property for four years as relocation assistance benefits.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to this action, and over the subject matter. (Florida Statute 120.57(1).

   
   

6. An owner of property displaced by a Federal Highway Project who decides to rent, rather than purchase, new property is entitled to the following relocation assistance benefits: (a) expenses to reimburse him for the move, and

(b) the difference between the economic rent of the Petitioner's property, and the rent for a comparable lot in the general area of the property for four years. 42 U.S.C. 4624; Rules of the Department of Transportation, Rule 14- 15.05, Florida Administrative Code. The Petitioner has already been compensated for his moving expenses. Petitioner is entitled to $240.00 of additional relocation assistance benefits, which figure represents the difference between the rental value of a lot in Charlotte County, Florida, comparable to the lot which the Petitioner owned, and the economic rent, or rental value of the Petitioner's lot for four years.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is, RECOMMENDED:

That an order be entered finding the Petitioner entitled under the provisions of 42 U.S.C. 4624 to $240.00 in relocation assistance benefits above and beyond the $970.15 already provided; and that this amount be forwarded to the Petitioner.

RECOMMENDED this 18th day of February, 1977, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings The Carlton Building, Room 530 Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of February, 1977.

COPIES FURNISHED:

Philip Bennett, Esquire Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32304

Veltie A. Dodson Route 5, Box 268

Rocky Mount, Virginia 24151

Tom B. Webb, Jr., Secretary Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32304

Docket for Case No: 76-000678

Orders for Case No: 76-000678