PARRIS N. GLENDENING, Governor

Ch. 350

1. A LESSEE OR PARTY IN INTEREST; AND
2. ANY SUCCESSOR OR ASSIGN.

(2)     SUBJECT TO REVIEW, PERMIT, AND APPROVAL ACTIONS REQUIRED
BY LAW. AN OWNER OF MINERAL RIGHTS LOCATED IN A WILDLAND AREA SHALL
HAVE THE RIGHT TO ACCESS THE MINERALS.

(3)     IF THE FAILURE OF THE DEPARTMENT TO ISSUE, EXTEND, OR
RENEW A PERMIT INVOLVES TAKING A PROPERTY RIGHT WITHOUT JUST
COMPENSATION IN VIOLATION OF THE CONSTITUTION OF THE UNITED STATES OR
CONSTITUTION OF MARYLAND AND IF THE GENERAL ASSEMBLY HAS NOT
APPROPRIATED SUFFICIENT FUNDS TO PAY THE COMPENSATION, THE STATE MAY
USE AVAILABLE FUNDS TO PURCHASE OR OTHERWISE PAY FOR THE PROPERTY
RIGHTS.

5-1212.1.

ANY AREA WHICH WAS OPEN TO HUNTING, FISHING, OR TRAPPING PRIOR TO
WILDLANDS DESIGNATION SHALL CONTINUE TO BE AVAILABLE FOR THOSE ACTIVITIES
SUBJECT TO THE LAWS, REGULATIONS, AND ADMINISTRATIVE POLICIES OF THE
DEPARTMENT.

5-1213.1.

IN ADDITION TO ANY MEASURES TAKEN UNDER § 5-1213 OF THIS SUBTITLE, IN
ORDER TO PROTECT PRIVATELY OWNED LAND ADJOINING OR LOCATED IN CLOSE
PROXIMITY TO A STATE MIDLAND, EACH UNIT ADMINISTERING THE DESIGNATED
WILDLAND AREA SHALL:

(1) MAINTAIN FIRE ACCESS ROADS LOCATED WITHIN THE WILDLAND AREA
IN A PASSABLE CONDITION AS DETERMINED BY THE DEPARTMENT; AND

(2) TAKE OR ALLOW IMMEDIATE ACTION, AS APPROVED BY THE
DEPARTMENT, TO RESPOND TO ANY THREAT RESULTING FROM INSECTS, DISEASE
NOXIOUS WEEDS, OR FIRE

SECTION 2. AND BE IT FURTHER ENACTED, That, if a parcel of land or
property is incorrectly surveyed or described under the provisions of this Act, the State
may not take by adverse possession, for purposes of this Act, the parcel of land or
property incorrectly surveyed or described.

SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 4 of this
Act, § 5-1203(aa) of the Natural Resources Article, as enacted by Section 1 of this Act, shall
take effect July 1, 1998.

SECTION 4. AND BE IT FURTHER ENACTED, That, if the General Assembly
enacts legislation effective on or before July 1, 1998 or the Governor fails to submit legislation
to the General Assembly on or before January 1, 1998 to codify at least an additional 1800
acres of wildland areas in the State, excluding Garrett and Allegany Counties, § 5-1203(aa) of
the Natural Resources Article, as enacted by Section 1 of this Act, may not take effect.

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