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2336 County Local Laws
Section 4. Section 2-135, Chapter 2, title "Administration," of the
Montgomery County Code 1965, is hereby repealed and re-enacted, with
amendments, to read as follows:
2-135. Purchase or lease of land—By county generally.
Before contracting to acquire any land for a public purpose by lease
for five years or more or purchase or authorizing the acquisition of any
such land by condemnation, the County shall advertise twice in two
different weeks in one or more newspapers published in the county, the
proposal to acquire such land, setting forth the price to be paid therefor,
if known, the location thereof, the name of the owner thereof, and the
purpose of the acquisition, and the time and place of the hearing before
the Administrative Board or person to be designated by the County Execu-
tive, which time shall be not less than three days after the last publication.
The county executive, the Board or other person designated by the County
Executive, may, at his discretion, publish such notice and conduct a public
hearing on more than one site if other sites are considered suitable and
available for the purpose in question. If the owner of the property or
authorized agent shall consent, the County shall cause a sign to be posted
on the property, or properties, subject of the hearing, for ten days prior
to the hearing, in such manner as may be most readily seen by the public,
which sign shall read substantially as follows: "Montgomery County,
Maryland proposes to purchase this property for (statement of purpose).
For date and place of public hearing, telephone (phone number)." After
such notice and public hearing, and recommendations from the Hearing
Board or person the county executive shall approve acquisition of the
property or properties which he selects for the purpose in question. Notice
of any action taken pursuant to this section shall be forwarded to the
county council. Substantial compliance shall be required for the above
notice and posting provisions.
The provisions of this section shall not apply to acquisition of land
by the county for roads, streets, alleys, sidewalks, walkways, bridges,
drainage, or for land necessary for facilities and appurtenances in connec-
tion with such use.
Section 5. Section 2-137, Chapter 2, title "Administration," of the
Montgomery County Code 1965, is hereby repealed and re-enacted, with
amendments, to read as follows:
2-137. Same—By public library, rescue squad or fire department.
When the land in question is to be purchased by any organization
or agency representing either a public library to be supported in part by
county tax funds, or a rescue squad or fire department to be supported in
part by county tax funds, the library or rescue squad or fire department
in question shall furnish the information required incident to the proposed
purchase of land to the County which shall publish notice and conduct a
public hearing substantially as provided in Section 2-135 of this Code. No
library, fire or rescue squad station shall be constructed on any land with-
out prior site approval by the county executive as above.
Section 6. Section 2-139, Chapter 2, title "Administration," of the
Montgomery County Code 1965, is hereby repealed and re-enacted, with
amendments, to read as follows:
2-139. Public hearing not required when land is donated; decisions.
(a) Nothing contained in this article shall be construed to require
a public hearing on an acquisition of land by the county board of education
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