MARVIN MANDEL, Governor

2417

ON OR AFTER JULY 1, 1975, THE PLANNING BOARD OF
MONTGOMERY OR PRINCE GEORGE'S COUNTY, WHICHEVER IS
APPROPRIATE, SHALL MAKE A PAYMENT TO ANY DISPLACED
PERSON, UPON PROPER APPLICATION AS APPROVED BY THE
COMMISSION, FOR:

(1)     ACTUAL REASONABLE EXPENSES IN MOVING
HIMSELF, HIS FAMILY, BUSINESS, FARM OPERATION, OR OTHER
PERSONAL PROPERTY;

(II)     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 THE PROPERTY, AS DETERMINED BY THE
PLANNING BOARD OF MONTGOMERY OR PRINCE GEORGE'S COUNTY,
WHICHEVER IS APPROPRIATE; AND

(III)  ACTUAL REASONABLE EXPENSES IN SEARCHING
FOR A REPLACEMENT BUSINESS OR FARM.

(2)     ELECTION TO ACCEPT FIXED PAYMENT -
PERSONS DISPLACED FROM DWELLINGS. ANY DISPLACED PERSON
ELIGIBLE FOR PAYMENTS UNDER SUBSECTION (D)(1) OF THIS
SECTION WHO IS DISPLACED FROM A DWELLING AND WHO ELECTS
TO ACCEPT THE PAYMENTS AUTHORIZED BY THIS SUBSECTION IN
LIEU OF PAYMENT AUTHORIZED BY SUBSECTION (D)(1) MAY
RECEIVE A MOVING EXPENSE ALLOWANCE, DETERMINED ACCORDING
TO A SCHEDULE ESTABLISHED BY THE COMMISSION, NOT TO
EXCEED $300; AND A DISLOCATION ALLOWANCE OF $200.

(3)    SAME - PERSONS DISPLACED FROM A PLACE OF
BUSINESS OR FROM FARM OPERATION. ANY DISPLACED PERSON
ELIGIBLE FOR PAYMENTS UNDER SUBSECTION (D)(1) 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 THAT SUBSECTION MAY RECEIVE A FIXED
PAYMENT IN AN AMOUNT EQUAL TO THE AVERAGE ANNUAL NET
EARNINGS OF THE BUSINESS OR FARM OPERATION, EXCEPT THAT
THE PAYMENT SHALL BE NOT LESS THAN $2500 NOR MORE THAR
$10,000. IN THE CASE OF A BUSINESS NO PAYMENT MAY BE
MADE UNDER THIS SUBSECTION UNLESS THE COMMISSION IS
SATISFIED THAT THE BUSINESS (I) CANNOT BE RELOCATED
WITHOUT A SUBSTANTIAL LOSS OF ITS EXISTING PATRONAGE, AND

(II) IS NOT A PART OF A COMMERCIAL ENTERPRISE HAVING AT
LEAST ONE OTHER ESTABLISHMENT NOT BEING ACQUIRED BY THE
COMMISSION AND 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 THE
BUSINESS OR FARM OPERATION MOVES FROM THE REAL PROPERTY