1064                                      LAWS OF MARYLAND                                Ch. 475

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That Section 12-112(a), (b), (c), and (d) of Article 21 of the
Annotated Code of Maryland (1966 Replacement Volume and 1972 Interim
Supplement), title "Title XII. Eminent Domain," subtitle "Subtitle 1. General
Rules," be and they are hereby repealed and re-enacted, with amendments, to read
as follows:

12-112.

(a)  Civil engineers, land surveyors, REAL ESTATE APPRAISERS and their
assistants acting on behalf of the State or of any of its instrumentalities or of any
body politic or corporate having the power of eminent domain AFTER EVERY
REAL AND BONA FIDE EFFORT TO NOTIFY THE OWNER WITH
RESPECT TO THE PROPOSED ENTRY SHALL have the right:

(1)  To enter upon any private land to make surveys, to run lines or levels, or to
obtain information relating to the acquisition or future public use of the property
or for any governmental report, undertaking, or improvement [, and];

(2)  To set stakes, markers, monuments, or other suitable landmarks or reference
points where necessary; AND

(3)   TO ENTER UPON ANY PRIVATE LAND AND PERFORM ANY
FUNCTIONS NECESSARY TO APPRAISE THE PROPERTY.

(b)    If any civil engineer, surveyor, REAL ESTATE APPRAISERS or
assistant to a civil engineer [or], surveyor OR REAL ESTATE APPRAISER is
refused permission to enter or remain upon any private land for the purposes set
out in subsection (a) hereof, any such person, or the State or its instrumentality, or
the body politic or corporate upon whose behalf such person is acting may apply to
a law court of the county in which the property or any part thereof is located for
an order directing that such person be permitted to enter upon and remain upon
such land to the extent necessary to carry out the purposes authorized by this
section. Any person having knowledge of such order who obstructs any civil
engineer, surveyor, REAL ESTATE APPRAISER or assistant to a civil engineer
(or), surveyor OR REAL ESTATE APPRAISER who is acting under authority
of such order may be punished as for contempt of the court.

(c)  If any civil engineer, surveyor, REAL ESTATE APPRAISER or assistant
to a civil engineer [or], surveyor OR REAL ESTATE APPRAISER who has
entered upon any private land under the authority of this section or of any court
order passed pursuant thereto, damages or destroys any real or personal property
thereon, the owner of such property shall have a cause of action for such damages
against such civil engineer, surveyor, REAL ESTATE APPRAISER or assistant
and against the State, its instrumentality, or the body politic or corporate upon
whose behalf the person inflicting such damage was acting.

(d)   Any landowner or other person who wilfully obliterates, damages, or
removes any stake, marker, monument, or other landmark set by any such civil
engineer [or], surveyor OR REAL ESTATE APPRAISER acting pursuant to
this section, except where such stake, marker, monument or other landmark
interferes with the proper use of the property, shall be guilty of a misdemeanor and
upon conviction shall be fined not more than five hundred dollars ($500.00).

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.