2358
LAWS OF MARYLAND
Ch. 857
(I) 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) 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) 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 $2,500 NOR MORE THAN $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 ACQUIRED FOR THE PROJECT, OR
DURING WHATEVER OTHER PERIOD THE COMMISSION DETERMINES TO
BE MORE EQUITABLE FOR ESTABLISHING THE EARNINGS, AND
INCLUDES ANY COMPENSATION PAID BY THE BUSINESS OR FARM
OPERATION TO THE OWNER, HIS SPOUSE, OR HIS DEPENDENTS
DURING THE PERIOD.
(E) ADVISORY SERVICES.
WHENEVER THE ACQUISITION OF REAL PROPERTY FOR A
PROGRAM OR PROJECT UNDERTAKEN BY THE COMMISSION WILL
RESULT IN THE DISPLACEMENT OF ANY PERSON ON OR AFTER JULY
1, 1975 THE COMMISSION SHALL REFER PERSONS NEEDING
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