The Commission may acquire property for the purposes stated in subsection (b) of this section to carry out the Commission’s general plan for the physical development of the metropolitan district. The purposes for acquisition include: in the metropolitan district: parks; forests; roads; and other public ways, grounds, and spaces; and public recreation, including the construction of public recreation centers, community buildings, or other public buildings necessary to house a public recreation program. The Commission: may improve and develop property that it acquires under this section for the purposes stated in subsection (b) of this section; and controls the maintenance and operation of the property. A general regulation governing property acquired for a purpose under subsection (b)(1) of this section in either county may not take effect until the regulation receives the affirmative vote of at least three members of the Commission from that county.

This section is for the purpose of preserving and enhancing the scenic beauty of Rock Creek. Notwithstanding any power of the Commission to acquire property, without the approval of the majority of the members of the Montgomery County Council, on or after July 1, 1969, the Commission may not construct a new road adjacent to Rock Creek within 1500 feet from the banks of the creek. This section may not be construed to prohibit the construction of a bridge or road necessary to cross Rock Creek.

To finance wholly or partly the acquisition of property under § 17–101(b) of this subtitle, the Commission may receive and expend any contribution or appropriation by the United States, the District of Columbia, the State, any other political subdivision, or any person. To finance wholly or partly land acquisition, design, development, redevelopment, or revitalization in Prince George’s County, the Commission may receive and expend any contribution or appropriation by the United States, the District of Columbia, the State, any other political subdivision, or any person.

Title to lands acquired under § 1(a) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482, shall vest in the United States, as provided in that act. Except as provided in subsection (c) of this section, without the approval of the General Assembly: title to any other property acquired may not be placed in or granted to the United States or any person or political subdivision other than the metropolitan district itself or the State; and the control, maintenance, operation, or policing of any other park, forest, road, or other public way, ground, or space in the metropolitan district may not be placed in or granted to the United States or to any other person or political subdivision other than the Commission itself. In Prince George’s County, the title, control, maintenance, or operation of property acquired in the Prince George’s County portion of the metropolitan district may be transferred by county local law to: the redevelopment authority of Prince George’s County; or the revenue authority of Prince George’s County.

The Commission may acquire land for the purposes stated in § 17–213 of this title and Title 18, Subtitle 2 of this article outside the metropolitan district but in the regional district. The Commission may acquire land under subsection (a) of this section if the Commission finds that the acquisition is necessary to preserve any portion of the Commission’s regional park plan for the metropolitan district. To acquire land under this section, the Commission may expend any current funds that may be expended under this division for land acquisition in the metropolitan district for the purposes authorized by this section. Funds used for land acquisition in the Montgomery County portion of the metropolitan district may include the proceeds of bonds the Commission issues under Title 18, Subtitle 2 of this article.

Whenever the Commission considers it necessary to acquire any property for a purpose stated in § 17–101(b) of this subtitle, the Commission may: purchase the property from the owner; or if the Commission fails to agree with the owner, condemn the property by proceedings in the circuit court for the county in which the property is located. At the same time, the Commission may acquire the interest of any tenant, lessee, or other person having an interest in the property.

The Commission shall condemn property using the procedures for condemnation of land by a public service company in accordance with Title 12 of the Real Property Article.

Subject to subsection (b) of this section, at any time after 10 days after the return and recordation of the verdict or award in the proceedings, the Commission may enter and take possession of the condemned property, notwithstanding any appeal or further proceedings on the part of the defendant. Before entering the property, the Commission shall pay to the clerk of the circuit court the amount of the award and all costs assessed to date. At the time of payment, the Commission shall agree to abide by and fulfill any judgment following appeal, or until the time to request an appeal expires.

In this part the following words have the meanings indicated. “Business” means a lawful activity conducted primarily: for the purchase, sale, lease, or rental of property; for the manufacture, processing, or marketing of products or other personal property; for the sale of services to the public; or by a nonprofit organization. “Business” does not include a farm operation. “Displaced”, with respect to a person, means moving from real property, or moving the person’s personal property from real property: wholly or partly as a result of the Commission’s acquisition of the real property; or 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. “Farm operation” means an activity that: is conducted primarily for the production of one or more agricultural products, including timber, for sale or home use; and customarily produces those products in sufficient quantity to be able to contribute materially to the operator’s income. “Relocation payment” means a payment the Commission makes to a displaced person in accordance with this part.

In this section, “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 2 taxable years immediately preceding the taxable year when the business or farm operation moves from the real property acquired for the project; or a different 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 or the owner’s spouse or dependents during the period. 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. The Commission shall make the relocation payment to the displaced person after the county planning board approves the application. The relocation payment shall include: actual reasonable expenses to move the person and the person’s family, business, farm operation, or other personal property; actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and actual reasonable expenses in searching for a replacement business or farm. 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. 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: a moving expense allowance determined according to a schedule established by the Commission, not to exceed $300; and a relocation allowance of $200. 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. A relocation payment under this subsection shall be at least $2,500 and may not exceed $10,000. A business is not eligible to receive a relocation payment under subsection (f) of this section unless the Commission is satisfied that the business: cannot be relocated without a substantial loss of its existing patronage; and is not a part of a commercial enterprise that has at least one other location that: the Commission is not acquiring; and is engaged in the same or a similar business.

In addition to any other authorized payment, the Commission shall make an additional relocation payment not to exceed $15,000 to a person who is displaced from a dwelling that the person owns and has occupied for at least 180 days immediately preceding the start of negotiations to acquire the property. The additional relocation payment shall include: any additional amount that, added to the acquisition cost of the dwelling acquired by the Commission, equals the reasonable cost of a comparable replacement dwelling that is a habitable dwelling: adequate to accommodate the displaced person; reasonably accessible to public services and places of employment; and available on the private market; subject to subsection (c) of this section, any additional amount that the displaced person must pay to finance acquisition of a comparable replacement dwelling; and reasonable expenses the displaced person incurs for title insurance, recording and transfer fees and taxes, and other taxes and closing costs incident to the purchase of the replacement dwelling, other than prepaid expenses. The Commission shall include financing under subsection (b)(2) of this section in an additional relocation payment only if the dwelling was encumbered by a mortgage that was a valid lien on the dwelling for at least 180 days immediately preceding the start of negotiations to acquire the dwelling. The amount payable under subsection (b)(2) of this section shall be computed for the period of time remaining under the mortgage on the acquired dwelling as the product of: the net present value of the difference, if any, between: the interest and other debt service costs to be incurred to finance the replacement dwelling for that period; and those costs that would have been incurred for that period to finance the acquired dwelling; and the unpaid principal balance of the mortgage on the acquired dwelling at the time of acquisition divided by the principal amount of the purchase money mortgage on the replacement dwelling. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area where the replacement dwelling is located. The Commission shall make the additional relocation payment only to a displaced person who purchases and occupies a habitable replacement dwelling by the later of: 1 year after the person receives from the Commission final payment of all costs of the acquired dwelling; or the date when the person moves from the acquired dwelling.

Whenever the acquisition of real property for a program or project the Commission undertakes will result in a person being displaced, the Commission shall refer each displaced person who needs relocation advisory services to the appropriate county agency that provides those services in accordance with § 12–206 of the Real Property Article. The agency shall provide relocation advisory services to the displaced person the Commission refers to the agency under the agency’s relocation advisory services program.

The Commission may establish regulations and procedures necessary to ensure that: relocation payments and assistance are administered in a manner that is fair and reasonable and is as uniform as practicable; a displaced person who makes proper application for a relocation payment for that person shall be paid promptly after a move or, in case of hardship, be paid in advance; and a person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a relocation payment, may have the person’s application reviewed by the appropriate county planning board. 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.

Payment received under this part may not be considered as income for the purposes of Title 10 of the Tax – General Article.