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1204 LAWS OF MARYLAND Ch. 561
12-105.
(E) PARKS
(1) FOR TAKING ENTIRE TRACT.
THE DAMAGES TO BE AWARDED FOR THE TAKING OF AN
ENTIRE TRACT OWNED AND DESIGNATED BY A PUBLIC BODY AS
PARK LAND, OPEN SPACE OR RECREATION [[AREAS]] AREA
SHALL BE THE FAIR MARKET VALUE, AS DEFINED IN SECTION
12-106 HEREIN, AS OF THE VALUATION DATE, OF OTHER PROPERTY
[[IMPROVED OR UNIMPROVED,]] SUBSTANTIALLY SIMILAR IN
SIZE AND CHARACTER[[, IN CLOSE PROXIMITY TO THE TAKEN
PROPERTY]] AND OF COMPARABLE QUALITY FOR [[RECREATION
OR]] PARK, OPEN SPACE OR RECREATION PURPOSES FOR THE
COMMUNITY WHICH MADE USE OF THE PROPERTY TO BE
TAKEN [[.]]; PROVIDED THAT SUCH OTHER PROPERTY IS
ACQUIRED FOR PARK, OPEN SPACE, OR RECREATION PURPOSES, IN
NO EVENT SHALL THE DAMAGES TO BE AWARDED BE LESS THAN
THE FAIR MARKET VALUE OF THE PROPERTY TO BE TAKEN.
(2) WHERE PART OF TRACT TAKEN.
THE DAMAGES TO BE AWARDED FOR THE TAKING OF PART OF A
TRACT OF PARK LAND, OPEN SPACE OR RECREATION [[AREAS]]
AREA SHALL BE THE FAIR MARKET VALUE, AS DEFINED IN
SECTION 12-106, OF SUCH PART TAKEN, BUT NOT LESS THAN THE
ACTUAL VALUE OF THE REPLACEMENT PROPERTY AS DEFINED IN
SECTION 12-105(E)(l) PLUS THE SEVERANCE OR RESULTING
DAMAGES, IF ANY, TO THE REMAINDER OF THE TRACT BY
REASON OF THE TAKING AND OF THE FUTURE USE 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
REMAINDER ARISING FROM THE PLAINTIFF'S FUTURE USE OF
THE PROPERTY TAKEN.
(3) DAMAGES FOR IMPROVEMENTS TAKEN.
WHERE THE TRACT, OR PART THEREOF, TAKEN PURSUANT TO
THIS SUBSECTION CONTAINS IMPROVEMENTS, THE DAMAGES TO
BE AWARDED, IN ADDITION TO THAT PROVIDED FOR IN (1) AND (2)
OF THIS SUBSECTION, SHALL INCLUDE THE REASONABLE COST, AS
OF THE VALUATION DATE, OF PROVIDING NEW IMPROVEMENTS
OF SUBSTANTIALLY THE SAME SIZE [[OF]] AS, COMPARABLE
CHARACTER TO, AND FOR THE SAME PURPOSE AS THOSE TAKEN.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.
Approved May 21, 1973.
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