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Session Laws, 1973
Volume 709, Page 1459   View pdf image
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Ch. 696                           MARVIN MANDEL, Governor                                1459

private utility company, railroad or other organization, body or agency having the
right to acquire land for a public purpose through the use of eminent domain. This
term shall not include any political subdivision other than Baltimore City or any
agency thereof, or any board or commission when acquiring property for a public
purpose and such purpose is not wholly or partially financed by federal funds. ]

(A)(l) PUBLIC AGENCY - FOR PURPOSES OF THIS SUBTITLE, THE
TERM "PUBLIC AGENCY" MEANS THE STATE, A POLITICAL
SUBDIVISION, OR ANY AGENCY, BOARD, OR COMMISSION
THEREOF HAVING THE RIGHT TO ACQUIRE LAND FOR PUBLIC
PURPOSES THROUGH THE USE OF EMINENT DOMAIN OR BY
NEGOTIATION. THE TERM DOES NOT INCLUDE THE DEPARTMENT
OF GENERAL SERVICES IF ACQUIRING LAND FOR PROGRAM OPEN
SPACE OR ANY POLITICAL SUBDIVISION, OTHER THAN
BALTIMORE CITY, OR ANY AGENCY, BOARD, OR COMMISSION OF
THE SUBDIVISION WHEN ACQUIRING PROPERTY FOR A PUBLIC
PURPOSE FOR WHICH RELOCATION ASSISTANCE IS NOT
REQUIRED BY FEDERAL LAW.

(2) PRIVATE AGENCY - FOR PURPOSES OF THIS SUBTITLE, THE
TERM "PRIVATE AGENCY" MEANS ANY PUBLIC OR PRIVATE
UTILITY COMPANY, RAILROAD, OR OTHER ORGANIZATION
HAVING THE RIGHT TO ACQUIRE LAND FOR A PUBLIC PURPOSE
THROUGH THE USE OF EMINENT DOMAIN OR BY NEGOTIATION.

(b)  The term "federal financial assistance" means a grant, loan, or contribution
provided by the United States to the State of [Mayland] MARYLAND or any of
its political subdivisions or agencies.

(c)   The term "person" means any individual, partnership, corporation or
association.

(d)  The term "displaced person" means any person who [, on or after July 1,
1971,1 moves from real property, or moves his personal property from real
property, as a result of the acquisition of such property in whole or in part, or as
the result of a written order of the acquiring agency to vacate real property for a
public works program or project undertaken by the [condemning authority]
PUBLIC OR PRIVATE AGENCY.

(e)  The term "business" means any lawful activity, excepting a farm operation,
conducted primarily-

(1)  For the purchase, sale, lease and rental of personal and real property, and
for the manufacture, processing, or marketing of products, commodities, or any
other personal property;

(2)  For the sale of services to the public; or

(3)  By a nonprofit organization.

(f)  The term "farm operation" means any activity conducted solely or primarily
for the production of one or more agricultural products or commodities including
timber, for sale or home use, and customarily producing such products or
commodities in sufficient quantity to be capable of contributing materially to the
operator's support.

(g)  The term "mortgage" means such classes of liens as are commonly given to
secure advances on, or the unpaid purchase price of, real property, under the laws
of the State in which the real property is located, together with the credit

 

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Session Laws, 1973
Volume 709, Page 1459   View pdf image
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