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Session Laws, 1973
Volume 709, Page 1464   View pdf image
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1464                                   LAWS OF MARYLAND                               Ch. 696

TAKING OF HIS REAL PROPERTY.

(9) IF THE ACQUISITION OF ONLY PART OF A PROPERTY WOULD
LEAVE ITS OWNER WITH AN UNECONOMIC REMNANT, THE PUBLIC
AGENCY CONCERNED SHALL OFFER TO ACQUIRE THE ENTIRE
PROPERTY.

12-206.2. BUILDINGS, STRUCTURES AND IMPROVEMENTS.

(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF A
PUBLIC AGENCY ACQUIRES ANY INTEREST IN REAL PROPERTY IN
THE STATE, THE PUBLIC AGENCY SHALL ACQUIRE AT LEAST AN
EQUAL INTEREST IN ALL BUILDINGS, STRUCTURES, OR OTHER
IMPROVEMENTS, LOCATED UPON THE REAL PROPERTY SO
ACQUIRED AND WHICH IT REQUIRES TO BE REMOVED FROM THE
REAL PROPERTY OR WHICH IT DETERMINES WILL BE ADVERSELY
AFFECTED BY THE USE TO WHICH THE REAL PROPERTY WILL BE
PUT.

(B)(1) FOR THE PURPOSE OF DETERMINING JUST COMPENSATION
TO BE PAID FOR ANY BUILDING, STRUCTURE, OR OTHER
IMPROVEMENT REQUIRED TO BE ACQUIRED BY SUBSECTION (A)
OF THIS SECTION, THE BUILDING, STRUCTURE, OR OTHER
IMPROVEMENT SHALL BE DEEMED A PART OF THE REAL
PROPERTY TO BE ACQUIRED NOTWITHSTANDING THE RIGHT OR
OBLIGATION OF A TENANT, AS AGAINST THE OWNER OF ANY
OTHER INTEREST IN THE REAL PROPERTY, TO REMOVE THE
BUILDING, STRUCTURE, OR IMPROVEMENT AT THE EXPIRATION
OF HIS TERM, AND THE FAIR MARKET VALUE WHICH THE
BUILDING, STRUCTURE, OR IMPROVEMENT CONTRIBUTES TO THE
FAIR MARKET VALUE OF THE REAL PROPERTY TO BE ACQUIRED,
OR THE FAIR MARKET VALUE OF THE BUILDING, STRUCTURE, OR
IMPROVEMENT FOR REMOVAL FROM THE REAL PROPERTY,
WHICHEVER IS THE GREATER, SHALL BE PAID TO THE TENANT
THEREFOR.

(2) PAYMENT UNDER THIS SUBSECTION MAY NOT RESULT IN
DUPLICATION OF ANY PAYMENTS OTHERWISE AUTHORIZED BY
LAW. NO PAYMENT MAY BE MADE UNLESS THE OWNER OF THE
LAND INVOLVED DISCLAIMS ALL INTEREST IN THE
IMPROVEMENTS OF THE TENANT. IN CONSIDERATION FOR ANY
PAYMENT, THE TENANT SHALL ASSIGN, TRANSFER, AND RELEASE
TO THE PUBLIC AGENCY ALL HIS RIGHT, TITLE, AND INTEREST IN
AND TO THE IMPROVEMENTS. NOTHING IN THIS SUBSECTION MAY
BE CONSTRUED TO DEPRIVE THE TENANT OF ANY RIGHTS TO
REJECT PAYMENT UNDER THIS SUBSECTION AND TO OBTAIN
PAYMENT FOR THE PROPERTY INTERESTS IN ACCORDANCE WITH
APPLICABLE LAW, OTHER THAN THIS SUBSECTION.

12-206.3. EXPENSES INCIDENTAL TO TRANSFER TO A PUBLIC
AGENCY.

A PUBLIC AGENCY, AS SOON AS PRACTICABLE AFTER THE DATE
OF PAYMENT OF THE PURCHASE PRICE OR THE DATE OF DEPOSIT
IN COURT OF FUNDS TO SATISFY THE AWARD OF COMPENSATION
IN A CONDEMNATION PROCEEDING TO ACQUIRE REAL PROPERTY,
WHICHEVER IS THE EARLIER, SHALL REIMBURSE THE OWNER TO
THE EXTENT THE PUBLIC AGENCY DEEMS FAIR AND REASONABLE,

 

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Session Laws, 1973
Volume 709, Page 1464   View pdf image
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