MARVIN MANDEL, Governor                                 857

THE RIGHT TO UTILIZE FOR UNDERGROUND STORAGE OF GAS,
GEOLOGICAL STRATA LYING NOT LESS THAN 800 FEET BELOW
THE SURFACE OF A MAXIMUM OF 12,000 ACRES OF LAND IN
PRINCE GEORGE'S COUNTY. HOWEVER, THE 12,000 ACRES
SHALL BE WITHIN THE AREA LOCATED WEST OF HIGHWAY U.S.
301 WHERE LOCATED AS OF JULY 1, 1965; NORTH OF THE
CHARLES COUNTY BOUNDARY LINE; EAST OF 76 DEGREES 56
MINUTES 30 SECONDS WEST LONGITUDE; AND SOUTH OF 38
DEGREES 45 MINUTES 45 SECONDS NORTH LATITUDE. THE USE
OF EMINENT DOMAIN IN ANY CASE UNDER THIS SECTION SHALL
BE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 12 OF
ARTICLE 21 OF THE CODE, WHICH ARE APPLICABLE TO ANY
EMINENT DOMAIN PROCEEDING CASE UNDER THIS SUBTITLE.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 695B of the Code,
as amended by Chapter 470, S.B. 1055, Acts
of 1973. "July 1, 1965" is the effective
date when this section took effect. The
only other changes made are in style.

(E) STRATA OWNED BY PUBLIC BODY.--SUBJECT TO THE

LIMITATIONS AND PROVISIONS CONTAINED IN THIS SUBTITLE,
A GAS STORAGE COMPANY MAY ACQUIRE, IN PRINCE GEORGE'S
COUNTY, BY NEGOTIATION AND AGREEMENT, THE RIGHT TO
UTILIZE FOR UNDERGROUND STORAGE OF GAS, GEOLOGICAL
STRATA OWNED BY ANY PUBLIC BODY AND LYING NOT LESS
THAN 800 FEET BELOW THE SURFACE OF LAND, WHICH BIGHT
THE PUBLIC BODY MAY GRANT FOR THE CONSIDERATION AGREED
UPON WITH THE GAS STORAGE COMPANY. IF THE COMPANY AND
PUBLIC BODY CANNOT AGREE UPON THE CONSIDERATION, OR IF
THERE IS NO PUBLIC AUTHORITY OTHER THAN THE GENERAL
ASSEMBLY WHICH HAS POWER TO ENTER INTO THE AGREEMENT,
THEN THE COMPANY MAY ACQUIRE THE RIGHT BY EMINENT
DOMAIN, IN THE MANNER PROVIDED IN TITLE 12 OF ARTICLE
21 OF THE CODE FOR THE TAKING BY EMINENT DOMAIN OF
PRIVATE PROPERTY FOR A PUBLIC USE, WHICH PROVISIONS
ARE APPLICABLE TO ANY CASE UNDER THIS SUBTITLE. IF
THE STATE IS MADE A PARTY, SERVICE OF PROCESS SHALL BE
MADE UPON THE ATTORNEY GENERAL.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 695C of the Code,
as amended by Chapter 470, S.B. 1055, Acts
of 1973. The only changes made are in
style.

(C) LAND DEVOTED TO PUBLIC USE.—A GAS STORAGE
COMPANY MAY ACQUIRE BY EMINENT DOMAIN THE RIGHTS
PROVIDED FOR IN SUBSECTIONS (A) AND (B) IN GEOLOGICAL
STRATA LYING NOT LESS THAN 800 FEET BELOW THE SURFACE