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Session Laws, 1973
Volume 709, Page 19   View pdf image
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Ch. 2                                 MARVIN MANDEL, Governor                                    19

Baltimore City. For the purpose of this section, the term "laws and regulations of
the United States of America" is defined as existing 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.

(a)  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 necessary consequence of such condemnation or purchase
in lieu of condemnation, 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 goodwill or for the
acquisition of such other location.

(b)  Where personal property is removed from leased premises from which the
reversioner could have required 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 exercised, 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)   When personal property is removed, the allowance 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)   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.

(E)  NO PERSON SHALL BE ENTITLED TO ANY ALLOWANCE FOR
THE COSTS OF REMOVAL AND RELOCATION OF PERSONAL
PROPERTY UNLESS SUCH PERSONAL PROPERTY HAS BEEN USED
BY HIM AT ITS ORIGINAL LOCATION AND IS TO BE USED BY HIM
AT ITS NEW LOCATION.

(F)   THE AMOUNT OF THE ALLOWANCE FOR THE COSTS OF
REMOVAL AND RELOCATION SHALL BE AS THE CONDEMNOR OR
PURCHASER AND THE PERSON ENTITLED SHALL AGREE, OR IF
THEY ARE UNABLE TO AGREE, THE AMOUNT SHALL BE
DETERMINED, UPON PETITION OF EITHER PARTY FILED AFTER
SUCH REMOVAL AND RELOCATION HAVE BEEN EFFECTED, BY A
JUDGE OF THE COURT IN WHICH THE CONDEMNATION
PROCEEDINGS WERE FILED, OR, IF THERE HAVE BEEN NO SUCH
PROCEEDINGS, BY A JUDGE OF A COURT OF LAW IN A COUNTY IN

 

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Session Laws, 1973
Volume 709, Page 19   View pdf image
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