Cal. Civ. Code § 5:11-3.9

Moving expenses; business

In Force
Verified 11/3/2026 · Next check 11/10/2026
New JerseyHabitability & Repair

Operative Text

Cal. Civ. Code § 5:11-3.9
(a) A relocation payment for moving expenses of a business shall be limited to the following items, as applicable:
1. The actual reasonable and necessary cost of moving the tangible personal property for a maximum distance of 50 miles, unless the distance is enlarged by the displacing agency, for cause.
2. The actual reasonable and necessary cost incurred for inspection and license fees required by statute or local ordinance to permit the operation of the business at the new location.
3. The actual reasonable and necessary cost of reconnecting utility service to machinery and equipment, including, without limitation, the cost incurred in adapting or converting relocated machinery or equipment to use a different type of power supply, to the extent that these services were required in the former location. Expenses incurred in providing utility service from the right-of-way to the building or improvements are excluded.
4. The actual reasonable and necessary cost incurred for any physical changes in or to an existing building to which a business relocates in order to accommodate the machinery and equipment relocated. Physical changes beyond those necessary to accommodate the machinery and equipment and which enhance the property's value are excluded, as are changes necessary to meet code requirements except when necessary to install specific equipment moved from the former location. The amount incurred shall not exceed the fair market value of the machinery and equipment requiring the physical change. In the event the cost does exceed the fair market value of the machinery and equipment, the displacing agency shall then be responsible to pay only the fair market value.
5. The owner of a displaced business may elect to replace with a comparable item any item of personal property, including, without limitation, outdoor advertising displays or signs, utilized in its operation which is not to be moved. In such a case, the amount of the moving expense payment shall be the lesser of:
i. The actual cost of the substitute equipment delivered and installed at the new location less any proceeds from the disposition of the old equipment or, if a bona fide sale cannot be made, less the market value of the old equipment as determined by an independent appraisal; and
ii. The estimated cost of relocating the old equipment, as determined by the displacing agency.
(b) The business move may be accomplished by either of two methods, as described in this subsection:
1. The displaced business may use licensed moving companies or contractors as required and, if it does provide the displacing agency with moving cost estimates from three licensed moving companies or contractors. The displacing agency shall choose one of the three estimates and authorize payment up to that amount. In the event the displacing agency does not accept any of the three estimates provided, it may obtain one estimate and choose one of the four estimates and authorize payment up to that amount. The business may then use any mover it so chooses and be responsible for any additional cost.
2. The displaced business may choose to move itself upon prior notice to the displacing agency and shall submit the three moving estimates as in (b)1 above. The amount of the moving cost payment shall be the lesser of the bid chosen or the estimate obtained by the displacing agency.
Source: Legislative text reproduced verbatim
Plain English

N.J.A.C. § 5:11-3.9 governs what moving-related costs a displacing agency must reimburse when a business is forced to relocate. Covered expenses include the actual, reasonable, and necessary costs of physically moving tangible personal property (up to 50 miles), obtaining required licenses and inspection fees at the new site, reconnecting utilities and adapting equipment, and making limited physical modifications to the new building to accommodate relocated machinery. The provision also sets out a competitive-estimate process—either using licensed movers or a self-move—to determine the authorized payment amount, and it caps certain costs at the fair market value of the equipment involved.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 3, 2026

Plain English — not legal advice.

For Property Managers

Displacing agencies and property owners acting as displacing parties under N.J.A.C. § 5:11-3.9 are generally expected to review and authorize reimbursement requests against the specific categories listed in the regulation, ensuring that only actual, reasonable, and necessary costs are approved. Compliant operators typically document the three licensed-mover estimates required by the provision, select one for authorization, and apply the fair-market-value cap when building modifications are requested. Keeping clear records of each cost category—moving, licensing, utility reconnection, and building modifications—helps support accurate and auditable payment decisions.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Businesses displaced by a government or agency action may be entitled to reimbursement for a defined set of moving costs under N.J.A.C. § 5:11-3.9, including transport of personal property, required licensing fees, utility reconnection, and certain building modifications at the new location. If a business believes its reimbursement request was improperly denied or underpaid, general enforcement paths include filing a complaint or appeal with the relevant displacing agency, consulting the New Jersey Department of Community Affairs, or reaching out to a tenant-rights or business-relocation advocacy organization familiar with the Relocation Assistance Act. Understanding which cost categories are explicitly covered—and which are excluded, such as utility service from the right-of-way to the building—can help a displaced business document and present a complete claim.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections