700                             LAWS OF MARYLAND                    [CH. 242

Whereas, the General Assembly of Maryland in the 1968 Session
enacted legislation authorizing a payment of up to $5,000.00, in
addition to fair market value, to the owner-occupant of one and
two-family dwellings whose homes were being taken for a public
purpose if such amount was necessary for the owner to acquire a
comparable decent, safe and sanitary dwelling. The Maryland law
became effective June 1, 1968; and

Whereas, the Congress enacted a law which became effective on
August 23, 1968, (Public Law 90-495—90th Congress), which pro-
vided and made mandatory an additional payment of up to $5,000.00
over and above fair market value to the owner-occupant of one, two
and three-family dwellings whose dwellings were being taken for
Federal Aid highway purposes, if such amount was necessary for the
owner to acquire a comparable decent, safe and sanitary dwelling
under certain conditions; and

Whereas, in addition to such a maximum $5,000.00 payment, the
Congress provided that certain other payments be made in cases
where homes, businesses, farms, and non-profit organizations were
being taken for Federal Aid highway purposes. These include a
maximum payment of $1,500.00 to persons who have not owned
their residences for a year, (this generally benefits tenants); the
total moving cost to a homeowner, a tenant in a residential house
or a commercial business, or the cost of moving a farm operation
or non-profit organization, as well as certain incidental expenses of
a minor nature; and

Whereas, the benefits received by persons whose property is being
acquired because of a Federal Aid highway project exceed the bene-
fits allowed a person whose property is being acquired because of
the construction of a State financed highway project; and

Whereas, it is deemed to be in the public interest that the pay-
ments to all persons whose property is being acquired for highway
purposes be equal, whether or not the highway is partially financed
by Federal funds; now, therefore,

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 6B be and it is hereby added to Article 33A of the
Annotated Code of Maryland (1967 Replacement Volume and 1968
Supplement), title "Eminent Domain," to follow immediately after
Section 6A thereof, and to read as follows:

6B.

(a) It is hereby declared to be the intent of the General Assembly
that payments, in addition to fair market value, to all persons whose
property is being acquired for all highway projects in the State be
equal. In order to accomplish this, the State Roads Commission is
authorized to pay to persons whose property is being taken for a
highway wholly financed by State funds (1) the relocation payments
and moving cost allowed the owners of residential, business, non-
profit organizations and farms as such payments are provided in
Section 505 of Public Law 90-495, as enacted by the 90th Congress;
(2) the $1,500.00 maximum pa