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Session Laws, 1963
Volume 671, Page 87   View pdf image (33K)
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J. MILLARD TAWES, Governor                          87

tance, the allowance provided for in this section shall not be totally
defeated, but no compensation shall be due for the additional costs
resulting from the unreasonable distance of the new location.

(e)  No person shall be entitled to any allowance for the costs of
removal and relocation of personal property unless such personal
property has been used by him at its original location and is to be
used by him at its new location.

(f)  The amount of the allowance for the costs of removal and
relocation shall be as the condemnor or purchaser and the person
entitled shall agree, or if they are unable to agree, the amount shall
be determined, upon petition of either party filed after such removal
and relocation have been effected, by a judge of the court in which
the condemnation proceedings were filed, or, if there have been no
such proceedings, by a judge of a court of law in a county in which
any part of the premises is located. The award of the judge shall not
exceed the actual moving costs.

(g)  No petition may be filed hereunder except by the condemnor
or purchaser unless the person entitled to such allowance has given
written notice to the condemnor or purchaser at least ten days prior
to the date of removal, stating the date of intended removal, the
identification of the things to be removed, and the place to which
they are to be relocated, and has given the condemnor or purchaser,
upon request, a reasonable opportunity to inspect any personal prop-
erty, grave markers, monuments or burial sites that may be involved.

(h) Every such petition must be filed within one year after the
removal of the personal property, dead body, grave marker or monu-
ment with respect to which it claims pecuniary allowance.

(I) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO PLACE A LIMIT ON THE AMOUNT OF COMPENSATION
THAT A CONDEMNOR MAY ALLOW FOR MOVING COSTS IN
CASES WHERE, UNDER APPLICABLE FEDERAL LAW OR
REGULATIONS, SUCH COMPENSATION MAY BE PAID
WHOLLY OR PARTLY OUT OF FEDERAL FUNDS OR WILL
BE WHOLLY OR PARTLY REIMBURSED TO THE CON-
DEMNOR OUT OF FEDERAL FUNDS.

Section 13.

(a)  The exclusive method of abandoning a proceeding for con-
demnation shall be by the plaintiff's filing in the proceeding a written
election to abandon it. A copy of such election shall be served as
provided in Maryland Rule 306 upon each defendant who has been
personally subjected to the jurisdiction of the court. Every other
defendant shall be notified of such election by service of a copy
thereof or by such other means as the court may direct.

(b)   The filing of such election shall have the effect of:

1. Reducing the amount of any judgment entered in the pro-
ceeding, to the extent of the amount of the compensation (and inter-

est thereon) awarded to the defendant by reason of the taking; and

the clerk shall forthwith make such entries on his docket as shall

reflect such effect.

1. REDUCING ANY MONEY JUDGMENT ENTERED IN THE
PROCEEDING TO A JUDGMENT FOR COSTS ONLY; AND THE

 

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Session Laws, 1963
Volume 671, Page 87   View pdf image (33K)
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