§ 902. Moving and related expenses of displaced persons
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 26 Pa.C.S.A. Eminent DomainEffective: December 20, 2015
Effective: December 20, 2015
26 Pa.C.S.A. § 902
§ 902. Moving and related expenses of displaced persons
“Displaced person.” Includes a person who moves from real property or moves personal property:
(2)(i) In lieu of the damages provided in paragraph (1), at the option of the displaced person, an amount not to exceed $12,000 to be determined by taking 50% of the difference, if any, between the original cost of the personal property to the displaced person or the replacement cost of equivalent property at the time of sale, whichever is lower, and the net proceeds obtained by the displaced person at a commercially reasonable private or public sale.
(ii) Payment shall be made only if the business cannot be relocated without a substantial loss of profits and if the business is not part of a commercial enterprise having more than three other entities which are not being acquired by the acquiring agency and which are under the same ownership and are engaged in the same or similar business activities.
(iv) As used in this paragraph, 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 a project and includes any compensation paid by the business or farm operation to the owner, a spouse or dependents during this period. The regulations promulgated under section 906 (relating to regulations) may designate another period determined to be more equitable for establishing average annual net earnings as long as the designated period does not produce a lesser payment than would be produced by use of the last two taxable years.
Credits
2006, May 4, P.L. 112, No. 34, § 1, effective in 120 days [Sept. 1, 2006]. Amended 2015, Dec. 20, P.L. 494, No. 88, § 1, imd. effective.
26 Pa.C.S.A. § 902, PA ST 26 Pa.C.S.A. § 902
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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