INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 7

Citation
Section 7 (C)
Parent Document
Mass. Gen. Laws ch. 79A § 7
Jurisdiction
Massachusetts (state)

Full Text

1,399 chars
(C) Any displaced person eligible for payments under subsection (A) 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 said subsection (A), may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a business, no payment shall be made under this subsection unless the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not part of a commercial enterprise having at least one other establishment not being acquired, which is 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 and state income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property, or during such other period as the relocation agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period.