2. MORE THAN 120 DAYS AFTER THE ENTRY OF FINAL
JUDGMENT, UNLESS AN APPEAL IS TAKEN THEREFROM,
NOR,

3. IF AN APPEAL IS TAKEN FROM A FINAL JUDGMENT,
MORE THAN 120 DAYS AFTER THE RECEIPT BY THE CLERK
OF THE LOWER COURT OF A MANDATE OF THE COURT OF
APPEALS EVIDENCING THE DISMISSAL OF THE APPEAL,
THE AFFIRMANCE OF THE JUDGMENT, THE ENTRY OF
JUDGMENT PURSUANT TO MARYLAND RULE 875, OR THE
MODIFICATION OF THE JUDGMENT WITHOUT THE AWARD
OF A NEW TRIAL. FOR THE PURPOSES OF THIS SECTION,
AN APPEAL STRICKEN OUT PURSUANT TO MARYLAND
RULE 813, OR VOLUNTARILY ABANDONED, SHALL BE
DEEMED NOT TO HAVE BEEN TAKEN, BUT, IF THE APPEAL
SO STRICKEN OUT OR VOLUNTARILY ABANDONED WAS
TAKEN BY THE DEFENDANT, THE PLAINTIFF MAY ABAN-
DON THE PROCEEDING WITHIN 120 DAYS AFTER THE AP-
PEAL IS SO ABANDONED OR STRICKEN OUT, PROVIDED
TAKING HAS NOT OCCURRED, AND, NOT THEREAFTER.

(d) Upon the abandonment of a condemnation proceeding, the
defendant shall be entitled to recover from the plaintiff the reason-
able legal, appraisal and engineering fees actually incurred by the
defendant because of the condemnation proceeding. If the parties
agree as to the proper amount to be recovered by the defendant on
account of such fees, they shall file with the clerk of the court a
writing evidencing their agreement, and the clerk shall thereupon
enter the amount agreed upon as a part of the costs. If the parties
cannot agree as to the proper amount to be recovered by the defend-
ant on account of such fees, the matter shall be determined by the
court upon motion of either party, and the amount so determined by
the court shall be entered as a part of the costs.

88                               LAWS OF MARYLAND                        [CH. 52

CLERK SHALL FORTHWITH MAKE SUCH ENTRIES ON HIS
DOCKET AND JUDGMENT RECORD AS SHALL REFLECT
SUCH EFFECT.

2. Annulling any inquisition returned in the proceeding, and any
judgment entered therein, to the extent that such inquisition or judg-
ment affects the title of any defendant to the property which was
sought to be condemned; and the clerk of any court where such in-
quisition has been recorded among the Land Records shall forthwith
make a notation upon the recorded copy of such inquisition that the
proceeding has been abandoned.

(c) No proceeding for condemnation may be abandoned:
1. After taking has occurred, nor

2. More than 120 days after the entry of final judgment, or, in

case the plaintiff appeals from a final judgment awarding damages

to the defendant by reason of the taking, after the receipt by the

clerk of the lower court of the mandate of the Court of Appeals dis-
missing the appeal, affirming the judgment, entering judgment pur-
suant to Maryland Rule 875, or modifying the judgment without

awarding a new trial. For the purposes of this section, an appeal

stricken out pursuant to Maryland Rule 813, or voluntarily aban-

doned shall be deemed not to have been taken.