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Session Laws, 1989
Volume 771, Page 1257   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                      Ch. 10

having the right to acquire [land] REAL PROPERTY for public
purposes WITH FEDERAL FINANCIAL ASSISTANCE OR through the use of
eminent domain or by negotiation. The term does not include [the
Department of General Services] A PUBLIC AGENCY if acquiring
[land] REAL PROPERTY 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 REAL property for a public purpose
for which relocation assistance is not required by federal law.

[(i)] (M) "Person" [includes] MEANS an individual,
receiver, trustee, guardian, executor, administrator, fiduciary,
or representative of any kind, or any partnership, firm, or
association, public or private corporation, A NONPROFIT
ORGANIZATION, or any other entity not defined as a public agency.

(N) "UNECONOMIC REMNANT" MEANS A PARCEL OF REAL PROPERTY IN
WHICH THE OWNER IS LEFT WITH AN INTEREST AFTER THE PARTIAL
ACQUISITION OF THE OWNER'S PROPERTY AND WHICH THE DISPLACING
AGENCY CONCERNED HAS DETERMINED HAS LITTLE OR NO VALUE OR UTILITY
TO THE OWNER.

12-202.

(a)  (1) In addition to payment otherwise authorized, a
[public or private] DISPLACING agency shall make an additional
payment not in excess of [$15,000] $22,500 to any displaced
person who is displaced from a dwelling actually owned and
occupied by the displaced person for not less than 180 days prior
to the initiation of negotiations for the acquisition of the
[land] REAL PROPERTY.

(2) (I) THE DISPLACING AGENCY MAY EXCEED THE MONETARY
LIMIT STATED IN PARAGRAPH (1) OF THIS SUBSECTION ON A
CASE-BY-CASE BASIS IF IT DETERMINES THAT DETERMINES THAT
COMPARABLE HOUSING CANNOT OTHERWISE BE MADE AVAILABLE WITHIN THE
LIMIT . ; OR

(II) IF THE DISPLACING AGENCY DETERMINES THAT
COMPARABLE HOUSING CANNOT OTHERWISE BE MADE AVAILABLE, THE
DISPLACING AGENCY MAY USE ANY OTHER MEASURES NECESSARY TO REMEDY
THE UNAVAILABILITY OF COMPARABLE HOUSING.

(b)  The additional payments shall include the following
elements:

(1) Any amount which when added to the acquisition
cost of the dwelling acquired by the [public or private]
DISPLACING agency, equals the reasonable cost of a comparable
replacement dwelling [which is a decent, safe, and sanitary
dwelling adequate to accommodate the displaced person, reasonably
accessible to public services and places of employment and

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Session Laws, 1989
Volume 771, Page 1257   View pdf image
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