CWRB Briefing Slides - U.S. Army Corps of Engineers

64Office of Water Project ReviewConstructive OccupancyConcern: The proposed application of the constructive occupancyconcept appeared overbroad.Reason: Generally, “displaced person” means that an owner ortenant meets the length of occupancy requirements prior toacquisition. However, if the homeowner or tenant was physicallydisplaced from his or her home as a result of a national emergencyor disaster and has not permanently relocated at the time ofacquisition, he or she may be considered to be in “constructiveoccupancy.”Resolution: As owners willing to sell are identified, the concept ofconstructive occupancy will be applied on a case-by-case basis todetermine relocation assistance eligibility.Resolution Impact: Concern resolved.