Ch. 2                                 MARVIN MANDEL, Governor                                    17

12-101.

All proceedings for the acquisition of private property for public use by
condemnation shall be governed by the provisions of this title and of Subtitle U of
the Maryland Rules of Procedure; provided, however, that nothing herein shall
prevent the State of Maryland or any of its instrumentalities or political
subdivisions, acting under statute or ordinance passed in pursuance [of § 40A or §
40B] of Article III of the Constitution of this State, OR ANY AMENDMENT
THERETO, from taking private property for public use immediately upon making
the payment required thereunder and giving any security required thereunder; and
provided further that nothing herein shall prevent 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.

12-103.

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 OR ANY AMENDMENT THERETO, when the payment required
thereunder has been made to the defendant or into court and any security required
thereunder has been given and the plaintiff has taken possession 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.

12-105.

(a)  The damages to be awarded for the [takings] TAKING of an entire tract
shall be its fair market value (as defined in § 12-106).

12-107.

(c) In proceedings under [§§ 40A or 40B of] Article III of the Constitution of
the State OR ANY AMENDMENTS THERETO the plaintiff shall pay interest
at the rate of 6 percent per annum on the difference, if any, between the amount of
money initially paid into court for the use of the defendant and the award of the
jury as stated in the inquisition, from the date the money was so paid into court
and the date of the inquisition or final judgment whichever date is later.

12-112.

(a) Civil engineers, land surveyors 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 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.

(b)  If any civil engineer, surveyor, or assistant to a civil engineer or surveyor 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