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Session Laws, 1971
Volume 707, Page 1322   View pdf image
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1322                             Laws of Maryland                      [Ch. 628

from his farm operation and who elects to accept the payment author-
ized by this subsection in lieu of the payment authorized by subsection
(a) of this section, may receive a fixed payment in an amount equal
to the average annual net earnings of the business or farm operation,
except that such payment shall be not less than $2,500 nor more than
$10,000. In the case of a business no payment shall be made under
this subsection unless the Condemning Authority is satisfied that
the business (1) cannot be relocated without a substantial loss of its
existing patronage, and (2) is not a part of a commercial enterprise
having at least one other establishment not being acquired by the
Condemning Authority which is engaged in the same or similar
business. For purposes of this subsection, the term "average annual
net earnings" means one-half of any net earnings of the business or
farm operation, before Federal, State, and local income taxes, during
the two taxable years immediately preceding the taxable year in
which such business or farm operation moves from the real property
acquired for such project, or during such other period as the Con-
demning Authority determines to be more equitable for establishing
such earnings, and includes any compensation paid by the business
or farm operation to the owner, his spouse, or his dependents during
such period.

6F. Housing Replacement By Condemning Authority as Last Resort.

If a project by the State, a municipality, political subdivision or

agency thereof cannot proceed to actual construction because com-

parable replacement sale or rental housing is not available, and the
head of the Condemning Authority determines that such housing

cannot otherwise be made available he may take such action as is

necessary to appropriate to provide such housing by use of funds
authorized for such project, provided, however, the rules and
regula-

tions made for the purpose of implementing this section shall, in

each instance, also be approved by the governing body of the political
subdivision where the
project is located.

6C 6F. Relocation Assistance Advisory Services.

(a)    Whenever the acquisition of real property for a program or
project undertaken by a Condemning Authority will result in the
displacement of any person on or after the effective date of this
section, the Condemning Authority shall provide a relocation assist-
ance advisory program for displaced persons which shall offer the
services described in subsection (b) of this section. If such Con-
demning Authority determines that any person occupying property
immediately adjacent to the real property acquired is caused sub-
stantial economic injury because of the acquisition, it may offer such
person relocation advisory services under such program.

(b)    Each relocation assistance advisory program required by
subsection (a) of this section shall include such measures, facilities,
or services as may be necessary or appropriate in order to

(1)    determine the need, if any, of displaced persons, for reloca-
tion assistance;

(2)    provide current and continuing information on the availa-
bility, prices, and rentals, of comparable decent, safe and sanitary
sales and rental housing, and of comparable commercial properties
and locations for displaced businesses;


 

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Session Laws, 1971
Volume 707, Page 1322   View pdf image
 Jump to  
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