1086                               Laws of Maryland                        [Ch. 349

the use by the State Roads Commission of the procedure set forth
in § 10 through 20, inclusive, of Article 89B of this Code; and
provided further that nothing herein shall prevent the use by the
City of Baltimore of the procedure set forth in §§ 674 through 685;
inclusive, of the Charter and Public Local Laws of Baltimore City.

12-102. Venue.

(a)    A proceeding for condemnation shall be brought in a court
of law in the county where the property sought to be condemned
is situated.

(b)    Whenever the property sought to be condemned lies in more
than one county, the proceeding for condemnation may be brought
in a court of law in any county where any part of the property
lies, and that court in which proceedings are first brought shall
have jurisdiction.

12-108. When Property Deemed to have been Taken.

For the purposes of this title property shall be deemed to have
been taken:

(1.) In cases in which the plaintiff is lawfully authorized to take
the property before trial pursuant to § 40A or § 40B of Article III
of the Constitution of this State, when the payment required there-
under has been made to the defendant or into court and any security
required thereunder has been given and the plaintiff has taken pos-
session of the property and actually and lawfully appropriated it to
the public purposes of the plaintiff.

(2.) In all other cases, upon payment of the judgment and costs
by the plaintiff pursuant to Subtitle U of the Maryland Rules.

12-104. Time as of which Value Determined.

The value of the property sought to be condemned and of any
adjacent property of the defendant claimed to be affected by the
taking shall be determined as of the date of the taking, if taking
has occurred, or as of the date of trial, if taking has not occurred,
unless an applicable statute specifies a different time as of which
the value is to be determined.

12-105. Damages to be Awarded.

(a)    For taking entire tract.—The damages to be awarded for
the takings of an entire tract shall be its fair market value (as
defined in Sec. 12-106).

(b)    Where part of tract taken.—The damages to be awarded
where part of a tract of land is taken shall be the fair market
value (as defined in Sec. 12-106) of such part taken, but not less
than the actual value of the part taken plus the severance or result-
ing damages, if any, to the remainder of the tract by reason of the
taking and of the future used by the plaintiff of the part taken.
Such severance or resulting damages are to be diminished to the
extent of the value of the special (particular) benefits to the remain-
der arising from the plaintiff's future use of the part taken.