MARVIN MANDEL, Governor                                2185

CHAIRMAN

SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 12—104(f) be and it is hereby added to Article —
Real Property, of the Annotated Code of Maryland (As
enacted by Chapter 12 (S.B. 200) of the 1974 Regular
Session of the General Assembly) to read as follows:

Article — Real Property
12-104.

(F)         THE DAMAGES TO BE AWARDED FOR THE TAKING OF

LAND OR AN INTEREST IN LAND OVER WHICH AN EASEMENT IN

GROSS OR   OTHER RIGHT TO RESTRICT ITS USE HAS BEEN

GRANTED PURSUANT TO SECTION 2-504 OF THE AGRICULTURE

ARTICLE     SHALL BE AS PROVIDED FOR IS THIS SUBSECTION.

(1)    THE DAMAGES TO BE AWARDED FOR THE TAKING OF
AN ENTIRE TRACT IS ITS FAIR MARKET VALUE AFTER DEDUCTING

THE LESSER OF (A) THE VALUE OF THE EASEMENT GRANTED, OR

(B) THE EXCESS OF THE AGGREGATE AMOUNT OF THE PROPERTY
TAXES THAT WOULD HAVE BEEN DUE ON THE PROPERTY IF THE
EASEMENT HAS ROT BEEN GRANTED ABOVE THE AGGREGATE AMOUNT
OF PROPERTY TAXES ACTUALLY PAID ON THE PROPERTY SINCE THE
EASEMENT WAS GRANTED.

(2)    THE DAMAGES TO BE AWARDED WHERE PART OF A
TRACT OF LAND IS TAKEN IS THE FAIR MARKET VALUE OF THE
PART TAKEN LESS THE DEDUCTION COMPUTED AS DESCRIBED IN
SECTION 12-104(F) (1) , BUT NOT LESS THAN THE ACTUAL VALUE
OF THE PART TAKEN LESS THE DEDUCTION COMPUTED AS
DESCRIBED IN SECTION 12-104(F)(1), PLUS ANY SEVERANCE OR
RESULTING DAMAGES TO THE REMAINING LAND BY REASON OF THE
TAKING AND OF FUTURE USE BY THE PLAINTIFF OF THE PART
TAKEN.

SECTION 3. AND BE IT FURTHER ENACTED, That new
Section 12E-1 be and it is hereby added to Article 81 -
Revenue and Taxes, of the Annotated Code of Maryland
(1969 Replacement Volume and 1973 Supplement) to read as
follows:

Article 81 — Revenue and Taxes
12E-1.

(A) THE PROVISIONS OF THIS SECTION, TO THE
EXCLUSION OF ANY OTHER PUBLIC GENERAL LAW AND ANY PUBLIC
LOCAL LAW, EXCEPT THOSE IN WHICH THIS SECTION IS
SPECIFICALLY REFERRED TO, EXCLUSIVELY REGULATE THE
GRANTING OF ANY SPECIAL TAX CREDIT BASED UPON LAND OVER