HARRY HUGHES, Governor                                    1563

(h) "Public agency" means the State, a political
subdivision, or any of their agencies, boards, or commissions
having the right to acquire land for public purposes through the
use of eminent domain or by negotiation. The term does not
include the Department of General Services if acquiring land for

Program Open Space or any political subdivision, other than
Baltimore City, Baltimore, Anne Arundel, and Montgomery counties,
the Board of Education of Montgomery County, the board of
trustees of Montgomery College or any board or agency of any of
them, or any agency, board, or commission of the subdivision when
acquiring property for a public purpose for which relocation
assistance is not required by federal law.

12-205.

(a)  If the acquisition of land for a program or project
undertaken by a public or private agency will result in the
displacement of any person, the public or private agency shall
make a payment to the displaced person, on proper application as
approved by the public or private agency, for:

(1)  Actual reasonable expenses in moving himself, his
family, business, farm operation, or other personal property;

(2)  Actual direct loss of tangible personal property
as a result of moving or discontinuing a business or farm
operation, but not exceeding an amount equal to the reasonable
expenses that would have been required to relocate the personal
property, as determined by 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), 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), may receive a moving
expense allowance, determined according to a schedule established
by the public or private agency, not exceeding $300, and a
displacement allowance of $200.

(c) (1) In this subsection, "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 land acquired
for the project, or during any other period as the public or
private agency determines to be more equitable for establishing
these earnings, including any compensation paid by the business
or farm operation to the owner, his spouse, or his dependents
during the period.

(2) Any displaced person, eligible for payments under
subsection (a), who is displaced from his place of business or
from his farm operation and who elects to accept the payment