(a)   (1)   In this section the following terms have the meanings indicated.
    (2)   "Relocation payment" means payment by the Commission to a
displaced individual, family, business concern, farm operator, or
nonprofit organization which is made on terms and conditions and
subject to limitations provided in this section.
    (3)   "Person" means any individual, partnership, corporation, or
association.
    (4)   "Displaced person" means any person who, after July 1, 1975,
moves from real property, or moves his personal property from real
property, as a result of the acquisition of that property by the
Commission, in whole or in part, or as the result of a written order of
the Commission to vacate real property for a public works program or
project undertaken by the Commission.
    (5)   "Business" means any lawful activity, except a farm operation,
conducted primarily:
      (i)   For the purchase, sale, lease, or rental of personal or real property
and for the manufacture, processing, or marketing of products,
commodities, or other personal property;
      (ii)   For the sale of services to the public; or
      (iii)   By a nonprofit organization.
    (6)   "Farm operation" means any activity conducted solely or primarily
for the production of one or more agricultural products or commodities,
including timber, for sale or home use, and customarily producing those
products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
    (7)   "Mortgage" means those classes of liens commonly given to secure
advances on, or the unpaid purchase price of, real property, under the
laws of this State, together with the credit instruments, if any,
secured thereby.
  (b)   In addition to payments otherwise authorized, the Commission shall make
an additional payment not in excess of $15,000 to any displaced person
who is displaced from a dwelling actually owned and occupied by him for
not less than 180 days next prior to the initiation of negotiations for
the acquisition of the property. The additional payment shall include
the following elements:
    (1)   The amount, if any, which, when added to the acquisition cost of the
dwelling acquired by the Commission, 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 available on
the private market.
    (2)   The amount, if any, which will compensate the displaced person for any
increased interest costs which he is required to pay for financing the
acquisition of any comparable replacement dwelling. This amount shall
be paid only if the dwelling acquired by the condemning Commission was
encumbered by a bona fide mortgage which was a valid lien on the
dwelling for not less than 180 days prior to the initiation of
negotiations for the acquisition of the dwelling. This amount shall be
equal to the excess in the aggregate interest and other debt service
costs of that amount of the principal of the mortgage on the
replacement dwelling which is equal to the unpaid balance of the
mortgage on the acquired dwelling, over the remainder term of the
mortgage on the acquired dwelling, reduced to discounted present value.
The discount rate shall be the prevailing interest rate paid on savings
deposits by commercial banks in the general area in which the
replacement dwelling is located.
    (3)   Reasonable expenses incurred by the displaced person for evidence of
title, recording fees, and other closing costs incident to the purchase
of the replacement dwelling, but not including prepaid expenses.
  (c)   The additional payment authorized by subsection (b) shall be made only
to a displaced person who purchases and occupies a replacement dwelling
which is decent, safe, and sanitary, not later than the end of the
one-year period beginning on the date on which he receives from the
Commission final payment of all costs of the acquired dwelling or on
the date on which he moves from the acquired dwelling, whichever is the
later date.
  (d)   (1)   Whenever the acquisition of real property for a program or project
undertaken by the Commission will result in the displacement of any
person on or after July 1, 1975, the planning board of Montgomery or
Prince George's County, whichever is appropriate, shall make a payment
to any displaced person, upon proper application as approved by the
Commission, for:
      (i)   Actual reasonable expenses in moving himself, his family, business,
farm operation, or other personal property;
      (ii)   Actual direct losses of tangible personal property as a result of
moving or discontinuing a business or farm operation, but not to exceed
an amount equal to the reasonable expenses that would have been
required to relocate the property, as determined by the planning board
of Montgomery or Prince George's County, whichever is appropriate; and
      (iii)   Actual reasonable expenses in searching for a replacement business or
farm.
    (2)   Any displaced person eligible for payments under paragraph (1) of this
subsection who is displaced from a dwelling and who elects to accept
the payments authorized by this subsection in lieu of payment
authorized by 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 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.
  (e)   Whenever the acquisition of real property for a program or project
undertaken by the Commission will result in the displacement of any
person on or after July 1, 1975 the Commission shall refer persons
needing advisory services to the appropriate Montgomery or Prince
George's County agencies providing relocation advisory services
pursuant to the Annotated Code of Maryland, Real Property Article, §
12-206. The agencies upon this referral shall provide relocation
advisory services being provided to displaced persons under the
relocation advisory services program being administered.
  (f)   (1)   In order to promote uniform and effective administration of relocation
assistance and land acquisition, the Commission shall consult State and
local agencies providing similar services on the establishment of
regulations and procedures for the implementation of the programs.
    (2)   The Commission may establish regulations and procedures necessary to
assure that:
      (i)   Payments and assistance authorized by this section are administered in
a manner which is fair and reasonable, and as uniform as practicable;
      (ii)   A displaced person who makes proper application for a payment
authorized for that person by this section shall be paid promptly after
a move or, in hardship cases, be paid in advance; and
      (iii)   Any person aggrieved by a determination as to eligibility for a payment
authorized by this section, or the amount of a payment, may have his
application reviewed by the planning board of Montgomery or Prince
George's County, whichever is appropriate.
  (g)   Payment received under this section may not be considered as income for
the purposes of Title 10 of the Tax - General Article.
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