Maryland Maryland-National Capital Park and Planning Commission Section 5-105.1

      (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.