J. MILLARD TAWES, Governor                          83

5. A reasonable counsel fee for the defendant, to be fixed by the

court, if the judgment in for the defendant on the right to condemn.

5. AN ALLOWANCE TO THE DEFENDANT, TO BE FIXED
BY THE COURT, FOR THE REASONABLE LEGAL, APPRAISAL
AND ENGINEERING FEES ACTUALLY INCURRED BY THE
DEFENDANT BECAUSE OF THE CONDEMNATION PROCEED-
ING, IF THE JUDGMENT IS FOR THE DEFENDANT ON THE
RIGHT TO CONDEMN.

(C)   IN PROCEEDINGS UNDER SECTIONS 40A OR 40B OF
ARTICLE III OF THE CONSTITUTION OF THE STATE THE
PLAINTIFF SHALL PAY INTEREST AT THE RATE OF 6 PER
CENT PER ANNUM ON THE DIFFERENCE, IF ANY, BE-
TWEEN THE AMOUNT OF MONEY INITIALLY PAID INTO
COURT FOR THE USE OF THE DEFENDANT AND THE
AWARD OF THE JURY AS STATED IN THE INQUISITION,
FROM THE DATE THE MONEY WAS SO PAID INTO COURT
AND THE DATE OF THE INQUISITION OR FINAL JUDG-
MENT, WHICHEVER DATE IS LATER.

(D)   WHENEVER THE PLAINTIFF TAKES POSSESSION OR
HAS THE RIGHT TO TAKE POSSESSION OR UPON THE
ACTUAL TRANSFER OF TITLE TO THE PLAINTIFF, WHICH-
EVER OCCURS FIRST, THE PLAINTIFF SHALL IMMEDIATE-
LY FILE WITH THE SUPERVISOR OF ASSESSMENTS FOR
THE COUNTY INVOLVED OR BALTIMORE CITY, AS THE
CASE MAY BE, A WRITTEN NOTIFICATION OR RECORD
SETTING FORTH IN SUFFICIENT DETAIL THE AREA OF
THE LAND AND A DESCRIPTION OF ANY IMPROVEMENT
BEING ACQUIRED. UPON SUCH NOTIFICATION THE SUPER-
VISOR OF ASSESSMENTS, IF THE PLAINTIFF IS AN AGENCY
OR INSTRUMENTALITY OF THE STATE OF MARYLAND,
SHALL FORTHWITH REMOVE SUCH PROPERTY FROM THE
TAX ROLLS.

Section 8.

(a)  Any party to a condemnation case may appeal from a final
judgment OR DETERMINATION to the Court of Appeals in the
manner prescribed by the Maryland Rules.

(b)  If upon appeal the final decision be that the plaintiff is not
entitled to condemn the property, a reasonable counsel fee, to be
fixed by the trial court, shall be awarded to counsel for the defendant
and taxed against the plaintiff together with the other costs of the
case.

(c)  Costs in the Court of Appeals shall be paid as directed by
the Court of Appeals.

(d)  If Plaintiff desires possession pending appeal, it may make
payment of the award pursuant to Maryland Rule U23 SUBTITLE
U OF THE MARYLAND RULES and in addition file with the
Clerk of the Court a bond to the State of Maryland in such penalty
as the Court may prescribe conditioned that in case said judgment
shall be reversed, the plaintiff shall well and truly pay and satisfy
the defendant so appealing all damages caused such defendant by
the plaintiff by reason of the taking of possession and using of