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Session Laws, 1972
Volume 708, Page 1096   View pdf image
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1096                             Laws of Maryland                      [Ch. 349

desirable in regard to public utilities and public and commercial
facilities, but not to exceed $4,000, except that if such amount ex-
ceeds $2,000, such person must equally match any such amount in
excess of $2,000, in making the down payment.

12-205. Moving and relocation expenses.

(a)    Generally.Whenever the acquisition of real property for a
program, or project undertaken by a condemning authority in this
State will result in the displacement of any person on or after the
effective date of this act, the head of such condemning authority
shall make a payment to any displaced person, upon proper applica-
tion as approved by such condemning authority, for

(1)    Actual reasonable expenses in moving himself, his family,
business, farm operation, or other personal property;

(2)    Actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, but not to
exceed an amount equal to the reasonable expenses that would have
been required to relocate such property, as determined by the head of
the agency; and

(8) Actual reasonable expenses in searching for a replacement
business or farm.

(b)    Election to accept fixed paymentPersons displaced from
dwellings.
Any displaced person eligible for payments under sub-
section (a) of this section who is displaced from a dwelling and who
elects to accept the payments authorized by this subsection in lieu of
the payments authorized by subsection (a) of this section may re-
ceive a moving expense allowance, determined according to a
schedule established by the condemning authority, not to exceed $300;
and a dislocation allowance of $200.

(c)    SamePersons displaced from place of business or from
farm operation.
Any displaced person eligible for payments under
subsection (a) of this section who is displaced from his place of
business or from his farm operation and who elects to accept the
payment authorized 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 condemn-
ing 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 establish-
ment not being acquired by the condemning authority which is en-
gaged in the same or similar business. For purposes of this subsec-
tion, 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 condemning authority determines to be
more equitable for establishing such earnings, and includes any com-
pensation paid by the business or farm operation to the owner, his
spouse, or his dependents during such period.


 

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Session Laws, 1972
Volume 708, Page 1096   View pdf image
 Jump to  
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