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~Er'28r'1998 15:25 5~~-29r-2835 H~NN~ MCELDOWNE'Y <br />H~ANNA, MCELDOWNEY & ASSOCIATES <br />8835 S.W. CANYON L,aNE, SUm 405 <br />Poan.wt~n, OR 9~225 <br />(503) 297-9588 Fax: (503) 297-2835 <br />August 28, 1998 <br />Maureen Callahan Vanderlwlay <br />Attorney at Law <br />698 I2th Street Southeast, Suite 240 <br />Salem, Oregon 97301 <br />Dear Ms. VanderMay: <br />P~GE ~2 <br />Per the request af Elyn Lyon, Property Manager, Marion Caunty General Services, I have been <br />asked to review your Supplemental Application for Relocation Benefits which you submitted <br />August 10, 1998 as part of the Courthouse Square project. <br />You have made a claim for reimbursement of $5,993.33 for actual direct loss of tan~ible <br />personal property. The key element for eligibility is that the items in quescion be "personal" <br />property and ~ot "reat" property. <br />Generally, items not permanentl~+ affixed to real estate are considered personal property "...if <br />tiley can be remaved without serious 'snjury to the real estate or to the item itself." lAv, ~~aisal <br />Terminalop.,y and Handbook, American Institute of Real Estate Appraisers, Sth Eciition. <br />Tyrpically, items "built-in" (s~ch as the reception station and the bookcases} are attached or <br />affixed in such a way to he considered more or less permanent and part of the real estate. <br />It would appear that the two icems in question were part of the real estate acquired by Ivfarian <br />County. You may have had a"leasehold" interest in the property at the time of sale and ideally <br />should have been campensated for your interest. Alternatively, these modifications made to your <br />replacement property could possibly be claimed under the category of reestablishment expenses. <br />However, these two items do not appear to be applicable to the loss of personal tangible <br />property. If you have any information to the contrary, I am willing to cansider it. <br />You have also made a claim af $1,082.50 for replacement stationery under moving related costs. <br />Only the reQlacement stationary cost is an eligible cost; the cost of the discarded statianary is <br />not eligible for reimbursement since we are "replacing" it. Hence, the claim shouid be ~541.25. <br />If yau have any questions or would like to respond to this letter please call m~ at 297-9588 or <br />write to me at the above address. <br />Sincerely, <br />~ a.~..~~,.~ <br />Roge Hanna <br />cc:Elyn M. Lyon <br />