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(3) The relative importance of the present and proposed <br />location to the displaced business and the availability of a suit- <br />.~k~le replacement location for the displaoed person. <br /> <br />4.3 Farms - partial taking. Where a displaced person is displaced <br />from only a part of his farm operation, the fixed payment provided <br />by Section 7262(c) shall be made only if the displacing agency <br />~etermines that the farm met the definition of a farm operation <br />prior to the acquisition and that the property remaining after the <br />acquisition can no longer meet the definition of a farm operation. <br /> <br />4.4 Nonprofit organizations. Where a nonprofit organization is <br />displaced, no payment shall be made under Section 7262(c) until <br />after the head of the public agency determines: <br /> <br /> a. That the nonprofit organization cannot be relocated with- <br />out a substantial loss of its existing patronage. The term "existing <br />patronage" as used in connection with nonprofit organizations in- <br />cludes the persons, community or clientele served or affected by <br />the activities of the nonprofit organization. <br /> <br /> ~. That the nonprofit.organization is not part of a commer- <br />cial enterprise having at least one other establishment not being <br />acquired which is engaged in the same or similar activity. <br /> <br />4.5 'Net earnings. The term "average annual net earnings" as used <br />in Section 7262(c) means one-half of any net earnings of the busi- <br />ness or farm operation, before Federal, State, and local income <br />taxes, during the two taxable years immediately preceding the tax- <br />able year in which such business or farm operation moves from the <br />real property acquired for such project, or during such other <br />period as the head of the displacing agency determines to be more <br />equitable for establishing such earnings, and includes any compen- <br />sation paid by the business or farm operation to the owner, his <br />spouse or his dependents during such period. If a business or <br />farm operation has no net earnings, or has suffered losses during <br />the period used to compute "average annual net earnings" it may <br />nevertheless receive the $2,500 minimum payment authorized by such <br />Section. <br /> <br />4.6 Amount of Business Fixed Payment. The fixed payment to a per- <br />son displaced from a fRrm operation or from his place of business, <br />including nonprofit organizations, shall be in an amount equal to <br />the average annual net earnings of the business or farm operation, <br />~xcept that such payment sha~l not be less than $2,500 nor more <br />than $10,000. <br /> <br />II-12 <br /> <br /> <br />