21 Guam Code Ann. § 17103
Terms Used In 21 Guam Code Ann. § 17103
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;
(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the agency;
(3) actual reasonable expenses in searching for a replacement business or farm.
(4) actual reasonable expenses necessary to reestablish a displaced farm, non-profit organization, or small business at its new site, in accordance with criteria to be established by the agency, but not to exceed Ten Thousand Dollars.
(b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a moving expense allowance determined according to a schedule established by the agency.
(c) Any displaced person eligible for payments under subsection (a) of this section 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 Subsection (a) of this section, 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 One Thousand Dollars ($1,000) nor more than Twenty Thousand Dollars ($20,000). In the case of a business, no payment shall be made under this subsection unless the agency 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 having at least one other establishment not being acquired by the agency, which is engaged in the same or similar business. For purposes of this subsection, the term average annual net earnings means one-half (1/2) of any net earnings of the business or farm operation before income taxes during the two (2) taxable years immediately preceding the taxable year in which the business
COL120106
21 Guam Code Ann. REAL PROPERTY
CH. 17 RELOCATION ASSISTANCE ACT
or farm operation moves from the real property acquired for such project, or during such other period as the 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. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.
SOURCE: GC § 13979.2 enacted by P.L. 11-160; amended by P.L. 20-101:1..