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Session Laws, 1963
Volume 671, Page 82   View pdf image (33K)
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82                                 LAWS OF MARYLAND                          [CH. 52

a tenant, as against the owner of any other interest in the property
sought to be condemned, to remove such improvement or installation,
unless the tenant exercises his right to remove the same prior to the
date when his answer is due, or elects in his answer to exercise such
right.

(d) The damages to be awarded for the taking of a structure held
in fee simple, or under a lease renewable forever, by or for the bene-
fit of a religious body and regularly used by such religious body as
a church or place of religious worship, shall be the reasonable cost
AS OF THE VALUATION DATE, of erecting a new structure of
substantially the same size and of comparable character and quality
of construction as the acquired structure at some other suitable and
comparable location within the State of Maryland to be provided by
such religious body. Such damages shall be in addition to the damages
to be awarded for the land on which the condemned structure is
located.

Section 6.

The fair market value of property in a proceeding for condemna-
tion shall be the price as of the valuation date for the highest and
best use of such property which a seller, willing but not obligated
to sell, would accept for the property, and which a buyer, willing but
not obligated to buy, would pay therefor excluding any increment
in value proximately caused by the public project for which the prop-
erty condemned is needed, plus the amount, if any, by which such
price reflects a diminution in value
OCCURRING BETWEEN THE
EFFECTIVE DATE OF LEGISLATIVE AUTHORITY FOR THE
ACQUISITION OF SUCH PROPERTY AND THE DATE OF
ACTUAL TAKING IF THE TRIER OF FACTS SHALL FIND
THAT SUCH DIMINUTION IN VALUE WAS proximately caused
by the public project for which the property condemned is needed,
or by announcements or acts of the plaintiff or its officials concern-
ing such public project, ,
AND WAS BEYOND THE REASONABLE
CONTROL OF THE PROPERTY OWNER.

IF THE CONDEMNOR IS VESTED WITH A CONTINUING
POWER OF CONDEMNATION, THE PHRASE THE EFFECTIVE
DATE OF LEGISLATIVE AUTHORITY FOR THE ACQUISITION
OF SUCH PROPERTY, AS USED IN THIS SECTION, SHALL
MEAN THE DATE OF SPECIFIC ADMINISTRATIVE DETER-
MINATION TO ACQUIRE SUCH PROPERTY.

Section 7.

(a)  The plaintiff shall pay all of the costs in the trial court.

(b)  The costs in a condemnation proceeding shall include but not
be limited to:

1.  The usual per diem to the jurors.

2.  The cost of transporting the trier of fact to view the property.

3.  The cost of meals for the jury if the court so orders.

4. The cost of recording the inquisition among the land records,
and of all documentary stamps which may be required in the transfer
of the property to the plaintiff.


 

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Session Laws, 1963
Volume 671, Page 82   View pdf image (33K)
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