WILLIAM DONALD SCHAEFER, Governor                      Ch. 10

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
authorized by this subsection in lieu of the payment authorized
by subsection (a), 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 may not be less than $2,500
nor more than $20,000.

(3)   In the case of a business, no payment may be made
under this subsection unless the public or private agency 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 public or private agency
which is engaged in the same or similar business.]

(1)  ANY DISPLACED PERSON ELIGIBLE FOR PAYMENTS UNDER
SUBSECTION (A) OF THIS SECTION WHO IS DISPLACED FROM THE PERSON'S
PLACE OF BUSINESS OR FARM OPERATION AND WHO IS ELIGIBLE UNDER
CRITERIA ESTABLISHED BY THE LEAD AGENCY MAY ELECT TO ACCEPT THE
PAYMENT AUTHORIZED BY THIS SUBSECTION IN LIEU OF THE PAYMENT
AUTHORIZED BY SUBSECTION (A) OF THIS SECTION.

(2)  SUCH PAYMENT SHALL CONSIST OF A FIXED PAYMENT IN
AN AMOUNT TO BE DETERMINED ACCORDING TO CRITERIA ESTABLISHED BY
THE LEAD AGENCY, EXCEPT THAT SUCH PAYMENT MAY NOT BE LESS THAN
$1,000 NOR MORE THAN $20,000.

(3)  A PERSON WHOSE SOLE BUSINESS AT THE DISPLACEMENT
DWELLING IS THE RENTAL OF SUCH PROPERTY TO OTHERS SHALL NOT
QUALIFY FOR A PAYMENT UNDER THIS SUBSECTION.

12-206.

(a) [If the acquisition of land for] WHENEVER a program or
project undertaken by a [public or private] DISPLACING agency OR
PERSON will result in the displacement of any person, the [public
or private] DISPLACING agency shall provide a relocation
assistance advisory program for displaced persons which shall
offer the services described in subsection (b) OF THIS SECTION.
If the [public or private] DISPLACING agency determines that any
person occupying property immediately adjacent to the [land] REAL
PROPERTY acquired is caused substantial economic injury because
of the acquisition, it may offer that person relocation advisory
services under the program.

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