Ch. 696 MARVIN MANDEL, Governor 1461
(a) The amount necessary to enable such displaced person to lease or rent for a
period not to exceed four years, a decent, safe and sanitary dwelling of standards
adequate to accommodate such person in areas not generally less desirable in
regard to public utilities and public and commercial facilities, and reasonably
accessible to his place of employment, but not to exceed $4,000, or
(b) The amount necessary to enable such person to make a down payment
(including incidental expenses described in §12-202(c)) on the purchase of a decent,
safe, and sanitary dwelling of standards adequate to accommodate such person in
areas not generally less desirable in regard to public utilities and public and
commercial facilities, but not to exceed $4,000, except that if such amount exceeds
$2,000, such person must equally match any such amount in excess of $2,000, in
making the down payment.
12-205.
(a) Whenever the acquisition of real property for a program or project
undertaken by a [condemning authority] PUBLIC OR PRIVATE AGENCY in
this State will result in the displacement of any person [on or after January 1,
1973], the [head of such condemning authority] PUBLIC OR PRIVATE
AGENCY shall make a payment to any displaced person, upon proper application
as approved by such [condemning authority] PUBLIC OR PRIVATE AGENCY,
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
(3) Actual reasonable expenses in searching for a replacement business or farm.
(b) Any displaced person eligible for payments under subsection (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 receive a moving expense allowance, determined according to a
schedule established by the [condemning authority] PUBLIC OR PRIVATE
AGENCY, not to exceed $300; and a dislocation allowance of $200.
(c) 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 [condemning authority] PUBLIC OR PRIVATE AGENCY 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] PUBLIC
OR PRIVATE AGENCY 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 [condemning
authority] PUBLIC OR PRIVATE AGENCY determines to be more equitable
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