MARVIN MANDEL, Governor                                 859

PRESENTED, ALTERNATE INQUISITIONS ASSESSING THE FAIR
VALUE OF THE UNDERGROUND STORAGE EIGHTS, AND THE FAIR
VALUE OF THE FEE-SIMPLE OWNERSHIP, INCLUDING ALL
IMPROVEMENTS. ON THE TENTH DAY FOLLOWING THE DATE OF
THE VERDICTS, THE COURT SHALL ENTER A JUDGMENT OF
CONDEMNATION ON THE INQUISITION FOR THE FAIR VALUE OF
THE UNDERGROUND STORAGE RIGHTS, UNLESS ON OR BEFORE
THE TENTH DAY EVERY OWNER SHALL JOIN IN AN IRREVOCABLE
ELECTION, FILED IN WRITING IN THE CASE, TO HAVE A
JUDGMENT OF CONDEMNATION ENTERED ON THE INQUISITION
FOR THE FEE-SIMPLE TITLE TO THE PROPERTY INCLUDING ALL
IMPROVEMENTS, IN WHICH CASE THE COURT SHALL ENTER A
JUDGMENT OF CONDEMNATION FOR THE FEE-SIMPLE TITLE TO
THE PROPERTY. UNLESS ALL PERSONS HAVING AN INTEREST
IN THE FEE-SIMPLE TITLE JOIN IN THE ELECTION PROVIDED
FOR, THE COURT SHALL ENTER JUDGMENT OF CONDEMNATION ON
THE INQUISITION FOR THE UNDERGROUND STORAGE RIGHTS.
IN THE EVENT THE PROPERTY OWNER ELECTS TO HAVE A
JUDGMENT OF CONDEMNATION ENTERED ON THE INQUISITION
FOR THE FEE-SIMPLE TITLE TO THE PROPERTY, HE SHALL BE
ENTITLED TO DEFER FINAL SETTLEMENT FOR A PERIOD OF
TIME NOT EXCEEDING SIX MONTHS FROM THE DATE OF THE
ELECTION. HOWEVER, NOTHING IN THIS SUBTITLE SHALL
PREVENT THE GAS STORAGE COMPANY FROM UTILIZING
UNDERGROUND STORAGE RIGHTS DURING THIS TIME,
SUBSEQUENT TO THE INQUISITION. THE PROPERTY OWNER HAS
THE DUTY, DURING THE PERIOD PRIOR TO FINAL SETTLEMENT,
TO MAINTAIN THE PROPERTY IN REASONABLE CONDITION,
NORMAL WEAR AND TEAR EXCEPTED.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 695F of the Code.
It is assumed that the phrase "all persons
having an interest in the fee—simple title"
implies a broader term than "owners" which
is also found in this subsection.
Therefore, the former phrase has been
retained. The only other changes made are
in style.

6-205. RIGHT TO USE STRATA SUBJECT TO LANDOWNER'S
RIGHT TO PENETRATE.

THE RIGHT TO UTILIZE GEOLOGICAL STRATA FOR THE
UNDERGROUND STORAGE OF GAS, ACQUIRED BY ANY GAS
STORAGE COMPANY BY EMINENT DOMAIN UNDER §6-202 (A) AND
(B), IS SUBJECT TO THE RIGHT OF THE OWNER OF THE LAND
OR OF OTHER RIGHTS OR INTERESTS, TO PENETRATE THE
STRATA FOR THE PURPOSE OF EXPLORING OR RECOVERING GAS
NOT OWNED BY THE COMPANY OR WATER, OIL, OR OTHER