780

LAWS OF MARYLAND

Ch. 255

SUBSECTION 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)] PARAGRAPH (1) OF THIS
SUBSECTION 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] PARAGRAPH (1) OF THIS
SUBSECTION 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.

5-112.

The Commission may sell or otherwise dispose of any
playground and recreational facilities no longer needed for
public use and use the proceeds of the sale or other disposition
for the construction, acquisition, or improvement of any other
playground or recreational facilities in the metropolitan
district. The Commission also may exchange with the United
States of America, the State of Maryland, or any other public
body or agency any land held or acquired by the Commission in its
own name or in the name of the State of Maryland for playground
or recreational facilities, except park lands acquired by the
Commission pursuant to an agreement with the National Capital
Planning Commission, for any other land held or acquired by the
United States, the State of Maryland, or any other public body or
agency, and, in the sole discretion of the [Commission]
COMMISSION, deemed to be as more suitable for playground and
recreational purposes than the land held by it and offered in
exchange. The exchange may be accompanied by a partial cash
consideration moving either to or from the Commission; and any
exchange, effected as aforesaid, shall be deemed and is declared
to be an acquisition of land for the public uses hereinabove in
this title defined.