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Session Laws, 1972
Volume 708, Page 1093   View pdf image
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Marvin Mandel, Governor                       1093

acts of Congress authorizing benefits for or to displacees from public
improvement projects receiving federal funds, any amendments
thereto hereinafter enacted, subsequent acts of Congress of like
character and any existing or hereinafter promulgated rules and
regulations issued in connection therewith.

12-113. Allowance for Removal of Personal Property, Dead Body,
Grave Marker or Monumental.

(a)    Right to receive from condemnor allowance for costs of
removal; limitation on time for submitting claim; items not included.
When real property or a chattel real has been acquired, in whole
or in part, by condemnation or by purchase in lieu of condemnation,
any person at whose expense any personal property, dead body,
grave marker or monument must be removed as a reasonably neces-
sary consequence of such condemnation or purchase in lieu of con-
demnation, shall be entitled to receive from the condemnor or
purchaser a pecuniary allowance for the reasonable costs of removing
and placing the same to another location within a reasonable distance,
provided such person has submitted his claim for such allowance to
such condemnor or purchaser within six months after the removal
of the personal property, dead body, grave marker or monument
with respect to which he claims pecuniary allowance. Such allowance
shall not include any compensation for loss of profit or of good will or
for the acquisition of such other location.

(b)    Reduction of allowance in case of removal of personal prop-
erty from leased premises.
Where personal property is removed
from leased premises from which the reversioner could have re-
quired its removal on the termination of the lease, the allowance
provided for in this section shall be diminished by one fifth for each
year by which five years exceeds the number of full years remaining
in the term at the time when the premises were acquired. Any option
to renew or extend such lease shall be treated as having been exer-
cised, and the term shall be deemed to include such renewal term
or extension. The adjustment herein provided may not be used to
reduce the allowance provided for in this section below twenty-five
hundred dollars ($2,500.00).

(c)    Allowance for removal of personal property not to exceed
fair market value.
When personal property is removed, the allow-
ance provided for in this section shall not exceed the fair market
value of such personal property, but nothing in this subsection shall
require a condemnor to obtain an expert or detailed appraisal of any
such personal property before allowing or paying moving costs.

(d)    Removal to another location at unreasonable distance.
When any personal property, dead body, grave marker, or monument
is removed to another location at an unreasonable distance, the
allowance provided for in this section shall not be totally defeated,
but no compensation shall be due for the additional costs resulting
from the unreasonable distance of the new location.

Subtitle 2Relocation Assistance
12-201. Definitions.

(a) Condemning authority.The term "condemning authority"
shall mean the State, a political subdivision or any agency thereof,
or any board or commission having the right to acquire land for


 

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Session Laws, 1972
Volume 708, Page 1093   View pdf image
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