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Session Laws, 1973
Volume 709, Page 18   View pdf image
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18                                          LAWS OF MARYLAND                                   Ch. 2

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, or assistant to a civil engineer or surveyor who is acting under
authority of such order may be punished as for contempt of the court.

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

[(e) No person shall be entitled to any allowance for the costs of removal and
relocation of personal property unless such personal property has been used by him
at its original location and is to be used by him at its new location.

(f) The amount of the allowance for the costs of removal and relocation shall be
as the condemnor or purchaser and the person entitled shall agree, or if they are
unable to agree, the amount shall be determined, upon petition of either party filed
after such removal and relocation have been effected, by a judge of the court in
which the condemnation proceedings were filed, or, if there have been no such
proceedings, by a judge of a court of law in a county in which any part of the
premises is located. The award of the judge shall not exceed the actual moving
costs.

(g) No petition may be filed hereunder except by the condemnor or purchaser
unless the person entitled to such allowance has given written notice to the
condemnor or purchaser at least ten days prior to the date of removal, stating the
date of intended removal, the identification of the things to be removed, and the
place to which they are to be relocated, and has given the condemnor or purchaser,
upon request, a reasonable opportunity to inspect any personal property, grave
markers, monuments or burial sites that may be involved.

(h) Every such petition must be filed within one year after the removal of the
personal property, dead body, grave marker or monument with respect to which it
claims pecuniary allowance.

(i) Nothing in this section shall be construed to place a limit on the amount of
compensation that a condemnor may allow for moving costs in cases where, under
applicable federal law or regulations, such compensation may be paid wholly or
partly out of federal funds or will be wholly or partly reimbursed to the condemnor
out of federal funds. Notwithstanding the provisions in this section, in Baltimore
City, where laws and regulations of the United States of America authorize
benefits for displacees from public improvement projects, in Baltimore City such
projects being funded by federal moneys in whole or in part, condemnors, and their
duly elected or appointed officers, are hereby expressly authorized and empowered
to do any and all acts and things necessary to comply with the terms, conditions
and provisions of said laws and regulations in order to obtain the full benefit
thereunder for the condemnors and for the displacees from said projects in

 

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Session Laws, 1973
Volume 709, Page 18   View pdf image
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