§ 17-114. Relocation payment -- In general.

   (a) "Average annual net earnings" defined. -- In this section, "average annual net earnings":

   (1) means one-half of any net earnings of the business or farm operation, before federal, State, and local income taxes, during:

      (i) the 2 taxable years immediately preceding the taxable year when the business or farm operation moves from the real property acquired for the project; or

      (ii) a different period the Commission determines to be more equitable for establishing the earnings; and

   (2) includes any compensation paid by the business or farm operation to the owner or the owner's spouse or dependents during the period.

(b) Application for payment. -- A person who is displaced by the acquisition of real property for a program or project the Commission undertakes may apply to the appropriate county planning board for a relocation payment under this section.

(c) Payment on approval. -- The Commission shall make the relocation payment to the displaced person after the county planning board approves the application.

(d) Required compensation. --

   (1) The relocation payment shall include:

      (i) actual reasonable expenses to move the person and the person's 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; and

      (iii) actual reasonable expenses in searching for a replacement business or farm.

   (2) The losses payable under paragraph (1)(ii) of this subsection may not exceed the reasonable expenses that would have been required to relocate the property, as determined by the appropriate county planning board.

(e) Alternate relocation payment -- Dwelling. -- A displaced person eligible for a relocation payment under subsection (c) of this section who is displaced from a dwelling and who chooses to accept a relocation payment under this subsection instead of a relocation payment under subsection (c) of this section may receive:

   (1) a moving expense allowance determined according to a schedule established by the Commission, not to exceed $ 300; and

   (2) a relocation allowance of $ 200.

(f) Alternate relocation payment -- Business or farm operation. --

   (1) Subject to subsection (g) of this section, a displaced person eligible for a relocation payment under subsection (c) of this section who is displaced from the person's place of business or farm operation and who chooses to accept a relocation payment under this subsection instead of a relocation payment under subsection (c) of this section may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation.

   (2) A relocation payment under this subsection shall be at least $ 2,500 and may not exceed $ 10,000.

(g) Limitation -- Business. -- A business is not eligible to receive a relocation payment under subsection (f) of this section unless the Commission is satisfied that the business:

   (1) cannot be relocated without a substantial loss of its existing patronage; and

   (2) is not a part of a commercial enterprise that has at least one other location that:

      (i) the Commission is not acquiring; and

      (ii) is engaged in the same or a similar business.

HISTORY: An. Code 1957, art. 28, § 5-105.1(d); 2012, ch. 426, § 2.