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Ch. 305
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2007 Laws of Maryland
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THE PROPERTY TAKEN, OR ON THE REMAINDER IF THERE IS A PARTIAL TAKING,
IS ENTITLED TO:
(I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION,
COMPENSATION FOR LOSS OF GOODWILL, IF THE OWNER PROVES THAT THE
LOSS:
1. IS CAUSED BY THE TAKING OF THE PROPERTY OR
THE INJURY TO THE REMAINDER;
2. CANNOT REASONABLY BE PREVENTED BY A
ADOPTING PROCEDURES THAT A REASONABLY PRUDENT PERSON WOULD TAKE
3. WILL NOT BE INCLUDED IN RELOCATION
PAYMENTS UNDER SUBTITLE 2 OF THIS TITLE; AND
4. WILL NOT BE DUPLICATED IN THE
(II) IF THE BUSINESS OR FARM OPERATION CANNOT BE
CONTINUED ON THE PROPERTY AS A RESULT OF THE TAKING, BUT THE
BUSINESS OR FARM OPERATION CAN BE RELOCATED, COMPENSATION FOR THE
PRESENT VALUE OF REASONABLY ANTICIPATED REDUCTIONS IN NET
OPERATING INCOME THAT ARE CAUSED BY THE TAKING AND THE RELOCATION
OF THE BUSINESS OR FARM OPERATION FOR A PERIOD NOT EXCEEDING 3 YEARS
(3) COMPENSATION FOR LOSS OF GOODWILL UNDER THIS
SUBSECTION MAY NOT EXCEED 5 TIMES THE AVERAGE NET OPERATING INCOME
FOR THE PREVIOUS 3 TAXABLE YEARS.
12-105.1.
(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE OR
ANY OF ITS INSTRUMENTALITIES OR POLITICAL SUBDIVISIONS SHALL FILE AN
ACTION TO ACQUIRE PRIVATE PROPERTY FOR PUBLIC USE BY CONDEMNATION
WITHIN 3 4 YEARS OF THE DATE OF THE SPECIFIC ADMINISTRATIVE OR
LEGISLATIVE DETERMINATION AUTHORIZATION TO ACQUIRE THE PROPERTY.
(B) IF AN ACTION FOR CONDEMNATION IS NOT FILED WITHIN 3 4 YEARS
OF THE DATE DESCRIBED IN SUBSECTION (A) OF THIS SECTION, THE STATE OR
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- 1946 -
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