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<br />1378 <br />~ <br />Agency, and which are under the same ownership and engaged <br />in the same or similar business activities; and <br />(c) The business contributed materially to the income of the <br />displaced person (see Paragraph 4-Sc); and <br />(d) The business operation at the displacement property (either <br />dwelling or site) is not solely for the rental of that real property <br />to another. <br />(2) Amount of Payment. The payment shall be equal to the average annual <br />net earnings of the business as determined in accordance with Paragraph <br />4-Sd. However, the payment shall not exceed $20,000 nor be less than <br />$1,000. <br />(3) DetermininQ the Number of Businesses. In determining whether two or <br />more displaced legal entities constitute a single business which is entitled <br />to only one fixed payment, all pertinent factors shall be considered, <br />including the extent to which: <br />(a) The same:premises and equipment are shared; <br />(b) Substantially identical or interrelated business functions are <br />carried out and business and financial affairs are commingled; <br />(c) The entities are held out to the public, and to those customarily <br />dealing with them, as one business; and <br />(d) The same person or closely related persons own, control, or <br />manage the affairs of the entities. <br />b. Farm Operation 49 CFR 24 306~c)). <br />(1) Eli ibili . Any displaced farm operation is eligible to choose a fixed <br />payment, as an alternative to the payment under Paragraph 4-2. In the <br />case of a partial acquisition of land which was a farm operation before <br />the acquisition, the fixed payment shall be made only if the Agency <br />determines that: <br />(a) The acquisition of part of the land caused the operator to be <br />displaced from the farm operation on the remaining land; or <br />9/90 4_g <br />