Unannotated Code of Maryland (Last Updated: May 16, 2014) |
LAND USE |
DIVISION II. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION. |
TITLE 17. POWERS AND PROPERTY. |
SUBTITLE 1. PROPERTY ACQUISITION. |
PART III. RELOCATION EXPENSES. |
§ 17-113. Definitions.
Latest version.
-
(a) In general. -- In this part the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection formerly was Art. 28, § 5-105.1(a)(1).
** REVISOR'S NOTE
In this subsection and throughout this part, the references to this "part" are substituted for the former references to this "section" to reflect the reorganization of material derived from former Art. 28, § 5-105.1.
** REVISOR'S NOTE
The only other changes are in style.
(b) Business. --
(1) "Business" means a lawful activity conducted primarily:
(i) for the purchase, sale, lease, or rental of property;
(ii) for the manufacture, processing, or marketing of products or other personal property;
(iii) for the sale of services to the public; or
(iv) by a not-for-profit organization.
(2) "Business" does not include a farm operation.
** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 28, § 5-105.1(a)(5).
** REVISOR'S NOTE
In paragraph (1)(ii) of this subsection, the former reference to "commodities" is deleted as included in the reference to "products".
** DEFINED TERM:
"Farm operation" § 17-113
**
(c) Displaced. -- "Displaced", with respect to a person, means moving from real property, or moving the person's personal property from real property: **
(1) wholly or partly as a result of the Commission's acquisition of the real property; or **
(2) as the result of a written order of the Commission to vacate the real property for a public works program or project the Commission undertakes.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 28, § 5-105.1(a)(4).
REVISOR'S NOTE
In the introductory language to this subsection, the phrase "with respect to a person" is substituted for the former inclusion of the word "person" in the defined term "displaced person" because the source material did not consistently use the term as defined. See, e.g., former Art. 28, § 5-105.1(a)(2), which defined "relocation payment", revised as subsection (e) of this section.
REVISOR'S NOTE
Also in the introductory language to this subsection, the former obsolete reference to moving "after July 1, 1975," is deleted because any moving for which a relocation payment may be made under this part will have taken place after that date.
REVISOR'S NOTE
In item (1) of this subsection, the reference to acquisition of the "real" property is added for clarity.
DEFINED TERMS:
"Commission" § 14-101
DEFINED TERMS:
"Person" § 14-101
**
(d) Farm operation. -- "Farm operation" means an activity that: **
(1) is conducted primarily for the production of one or more agricultural products, including timber, for sale or home use; and **
(2) customarily produces those products in sufficient quantity to be able to contribute materially to the operator's income.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 28, § 5-105.1(a)(6).
REVISOR'S NOTE
The former references to "commodities" are deleted as included in the references to "products".
REVISOR'S NOTE
In item (1) of this subsection, the former reference to an activity conducted "solely" is deleted as included in the reference to an activity conducted "primarily" for the listed purposes.
REVISOR'S NOTE
In item (2) of this subsection, the reference to the operator's "income" is substituted for the former reference to the operator's "support" for clarity. **
(e) Relocation payment. -- "Relocation payment" means a payment the Commission makes to a displaced person in accordance with this part.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 28, § 5-105.1(a)(2).
REVISOR'S NOTE
The defined term "person" is substituted for the former reference to an "individual, family, business concern, farm operator, or nonprofit organization" for brevity.
"Commission" § 14-101
"Displaced" § 17-113
"Person" § 14-101