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Session Laws, 1989
Volume 771, Page 2628   View pdf image
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Ch. 347                                           LAWS OF MARYLAND

WHEREAS, It is the intent of the General Assembly to remove
some of those legal restrictions placed on the Department of
Natural Resources to acquire land in Garrett County; and

WHEREAS, However, it is not the intent of the General
Assembly to remove from the law the following legal restrictions:

(1) The requirement that, since 1947, has required
the prior approval of the County Commissioners of Garrett County
before the Department of Natural Resources and its predecessors
may purchase an individual tract of land in excess of 100 acres;
and

(2) The provision that prohibits the Department of
Natural Resources from using condemnation procedures to acquire,
for certain purposes, land in Garrett County, and that requires
the Department to meet its needs for land in Garrett County by
acquiring land only from willing sellers; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

4-401.

The Department may acquire, by purchase, lease,

condemnation, or gift, title or control of any area of water or
land in the State suitable to protect, propagate, or manage fish.
The area of water or land shall be known as a State fish refuge.
[Any area of water or land in Garrett or Allegany County greater
than 100 acres may be acquired only with the approval of that
county. This requirement does not apply to any areas which have

previously been authorized for acquisition by the General

Assembly.] The Department may purchase or erect any structure
necessary for fish management, and may purchase or lease any area
of water or land, excluding the ownership of and the right to
drill any mineral, oil, or gas.

5-207.

(a) [(1)] The Department may purchase and manage lands
in the name of the State, suitable for forest culture, reserves,
watershed protection, State parks, scenic preserves, historic
monuments, parkways, and State recreational reserves, using for
these purposes any special appropriation or surplus money not
otherwise appropriated, which is standing to the credit of the
Forest Reserve or Park Reserve Fund. [However, an individual
tract of land or easement IN EXCESS OF 100 ACRES may not be
purchased in Garrett County, except with the approval of the
county commissioners of that county.] The Department may accept
any gift of land in the name of the State to be held, protected,

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Session Laws, 1989
Volume 771, Page 2628   View pdf image
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