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Session Laws, 1972
Volume 708, Page 1316   View pdf image
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1316                             Laws of Maryland                      [Ch. 420

Council of Baltimore ten days after PERSONAL service of the peti-
tion upon each and every defendant unless the Defendants or any of
them shall file an answer to the Petition within the said ten day
period alleging that the City does not have the right or power to
condemn title to the property. In the event the defendants or any of
them should file an answer, the court shall schedule a hearing within
fifteen days of the date of the filing of an answer, which hearing
shall be only for the purpose of contesting the right or power of the
City to condemn title to the property. The trial court shall render
its decision within fifteen days from the final day of said hearing.
The City or the defendants or any of them shall have an immediate
right of appeal to the Court of Appeals of Maryland from the deci-
sion of the trial court.

[(c)] (d) If it appears from [said] a Petition for Immediate
Possession,
with or without supporting affidavits or sworn testi-
mony, that the public interest requires the City to have immediate
possession of said property, the court shall, within not more than
seven days after the filing of said Petition, pass on order, either
ex parte or after a hearing, directing that the City may take pos-
session of said property after the expiration of thirty days from
the filing of said petition or earlier, in the court's discretion. Upon
passing such an order, the court may direct the City to give such
notice of said order to the defendants as the court may deem proper,
but the court's requirement of notice shall not extend the time within
which the City may take possession of said property.

[(d) If an exparte Order for immediate possession is passed,
without notice having been given to the Defendants, or if, in the
Court's opinion, the Defendants will not have had an opportunity
to have an appraisal made of said property to the time that the
City takes possession thereof, the Court may appoint a qualified
independent appraiser to value the property and the respective
interests of the Defendants therein, and to return said appraisal
under his hand and seal to the Court prior to the expiration of
thirty days from the date of the filing of the aforesaid for Immedi-
ate Taking. The compensation of such appraiser shall be fixed by
the Court and shall be paid by the City. The Court may also require
the City, at its expense, to take suitable photographs of the prop-
erty being acquired and to file them in the proceedings before taking
possession.]

(e)  After an Order has been passed as aforesaid, directing that
the City may either take possession of the property or take title
and possession of the property,
the City shall no longer have the
right to abandon said condemnation proceedings except with the
consent of all of the owners of said property.

(f)  At any time after the Order shall have been signed directing
that the City may either take possession or title and possession of
the property, the property owner or owners [upon written request
to the Clerk of said Court, shall be entitled to immediately receive
such sum so paid into Court, according to their respective interest]
may petition the court who shall, by order, direct the clerk to pay
such sum so paid into court unto such owner or owners according
to their respective interest, less any public charges, City and, state
taxes, other assessments, and any ground rent paid by the City for
and on behalf of the property owner, all adjusted to the date of


 

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Session Laws, 1972
Volume 708, Page 1316   View pdf image
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