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Session Laws, 1965
Volume 676, Page 1027   View pdf image (33K)
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J. MILLARD TAWES, Governor                         1027

in Prince George's County even though such land is already devoted
to a public use under authority of law, provided that the exercise
of such rights does not materially interfere with such public use.

695E.

In any eminent domain proceedings pursuant to Sections 695B and
695C of this subheading, the owner of the land shall be compensated
for the right to utilize geological strata being taken by eminent
domain for the underground storage of gas, and for any commer-
cially recoverable oil, or gas not owned by the gas storage company,
in such strata.

695F.

In any eminent domain proceedings pursuant to Section 695B of
this subheading, the owner or owners in fee of the land shall have the
right by unanimous election in their answer to have the jury make,
after evidence is presented, alternate inquisitions assessing (a) the
fair value of the underground storage rights, and (b) the fair value
of the fee simple ownership, including all improvements. On the
tenth day following the date of the verdicts, the court shall enter a
judgment of condemnation on the inquisition for the fair value of
the underground storage rights, unless on or before said tenth day
all of such owners shall join in an irrevocable election, filed in writing
in the case, to have a judgment of condemnation entered on the in-
quisition for the fee simple title to the property including all improve-
ments, in which case the court shall forthwith enter a judgment of
condemnation for the fee simple title to the property. Unless all
persons having an interest in the fee simple title shall join in the
election hereinabove provided for, the court shall enter judgment of
condemnation on the inquisition for the underground storage rights.
In the event the property owners should elect to have a judgment of
condemnation entered on the inquisition for the fee simple title to
the property, said owners shall be entitled to defer final settlement
for a period of time not to exceed six months from the date of the
aforementioned election; however, nothing herein contained shall
prevent the gas storage company from utilizing underground storage
rights during such time, subsequent to the inquisition. The property
owners shall have the duty, during said period prior to final settle-
ment, to maintain their property in reasonable condition, normal
wear and tear excepted.

695G.

The right to utilize geological strata for the underground storage
of gas, acquired by any gas storage company by eminent domain
under Sections 695B or 695C of this subheading, shall be subject to
the right of the owner of the land or of other rights or interests
therein, to penetrate such strata for the purpose of exploring for
or recovering gas not owned by the gas storage company, water, oil,
or other minerals from other strata. If such owner shall desire to
penetrate the underground gas storage reservoir in order to recover
such gas, water, oil, or other minerals from a lower stratum, he
may do so provided he gives the gas storage company sufficient written
notice thereof to permit the taking of proper precautions. The gas
storage company, after receiving such notice, at its expense and
responsibility, shall supervise such penetration to assure that such
penetration will be made in such manner as will not hamper or im-


 

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Session Laws, 1965
Volume 676, Page 1027   View pdf image (33K)
 Jump to  
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