TASK FORCE ON BUSINESS-OWNER COMPENSATION IN CONDEMNATION PROCEEDINGS

Kurt J. Fischer, Esq., Chair (chosen by Governor)

Appointed by Governor: Jay H. Creech, Esq.; Heidi E. Dudderar, Esq.; Janet Bush Handy, Esq.; Howard S. Klein, Esq.; Henry F. Maraffa, Jr.; Harold R. (Ray) Mertz; Melville E. Peters; Young Kim Robinson.

Appointed by Senate President: not yet appointed

Appointed by House Speaker: Patrick N. Hogan; Marvin E. Holmes, Jr.

Representing Department of Business & Economic Development: Gregory Kosmas

Representing Department of General Services: Nelson E. Reichart

Representing Department of Housing & Community Development: John Papagni

Representing Department of Planning: William P. (Skip) Gibson

Representing Department of Transportation: Glenn M. Torgerson

Representing Maryland Retailers Association: Thomas S. Saquella

Staff: George M. Faber

c/o Office of Real Estate, Department of Transportation
Harry R. Hughes Department of Transportation Building, 7201 Corporate Center Drive, Hanover, MD 21076
(410) 865-1272
e-mail: gfaber@mdot.state.md.us

The Task Force on Business-Owner Compensation in Condemnation Proceedings was authorized in July 2004 (Chapter 446, Acts of 2004). The Task Force studied issues involved in compensating business owners in condemnation proceedings, including the concept of business goodwill, particularly small business goodwill. Whether business goodwill can be compensated for and how to calculate such compensation in condemnation proceedings was considered. Additionally, the Task Force studied the feasibility of requiring a displacing public agency to conduct a study of the condemnation impact on businesses in the area where condemnation proceedings take place.

The appropriateness of establishing a fund to provide financial assistance to businesses impacted by a condemnation proceeding and the feasibility of shortening the condemnation process for businesses was examined by the Task Force.

The Task Force submitted its preliminary report to the Governor and General Assembly on January 21, 2005, and its final report on December 21, 2005. Authorization for the Task Force expired December 31, 2005.

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