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Session Laws, 1990 Session
Volume 436, Page 170   View pdf image (33K)
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Ch. 6 LAWS OF MARYLAND

3. The admissions and amusement tax authorized by §
4-102(b) of the Tax - General Article; and

(j) In the event the county or municipality fails to raise or to pay to the State its
percentage of the costs of a project as established by a financing plan or any portion
[thereof] OF THE COSTS within 6 months of the certification of costs by the State
Comptroller, the State Comptroller shall cause to be withheld from State-collected,
locally-shared taxes, and, to the extent necessary, from the State grant provided for by
Title 9, Subtitle 8, Part I of Article 24 of the Code and the State aid for police
protection provided by Article 15A, §§ 36 through 39 OF THE CODE to which the
county or municipality would otherwise be entitled, for the following fiscal year, a sum
sufficient to reimburse the State for any sum remaining unpaid, together with interest
on any [such] THE unpaid amount at the rate of 10 [percent]% per annum from the
date of [such] THE certification by the State Comptroller.

8-1104.

An appraiser for the Department, the trier of fact in any condemnation
proceeding, or any other person charged by law to determine fair market value [,] shall
consider the following among other relevant factors in determining the fair market
value of any interest in land being acquired to implement § 8-1103 of this subtitle:

(1) The date of valuation shall be determined recognizing that the State
may have taken properties as of the date that prohibitions were imposed for the Beach
Erosion Control District under § 8-1105. 1 of this subtitle;

(2) If the land lies within the Beach Erosion Control District established
pursuant to § 8-1105. 1 of this subtitle, [it] THE LAND shall be valued subject to the
restrictions of § 8-1105. 1 OF THIS SUBTITLE; provided, however, that if it appears
that the owner is entitled to compensation for a taking under the provisions of §
8-1105.1(c) OF THIS SUBTITLE, then the property shall be valued as if the
restrictions of § 8-1105. 1 OF THIS SUBTITLE were not in effect, but all other
applicable restrictions of State and local law were, including [but not limited to]:

(i) Building codes;
(ii) Zoning;

(iii) Public rights across the property acquired through dedication or
prescription;

(iv) Easements for dune construction and maintenance; and
(v) Density limitations[.]; AND

(3) If fair market value is to be based on an assumption that the land can
be developed, the costs of that development shall be estimated assuming the risk of
storm damage with the beach in its condition as of the date of valuation, and taking into
account any deterioration of the beach which could reasonably be expected to occur
after the date of valuation, given no artificial improvement or protection of the beach at
public expense. [Such] THE costs shall include[, but not be limited to, ] insurance costs

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Session Laws, 1990 Session
Volume 436, Page 170   View pdf image (33K)
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