MARVIN MANDEL, Governor                            2325

16.

(h) In any case in which: (a) a nonconforming use,
structure or tree is an airport hazard and it is
necessary or desirable to remove, lower or otherwise
terminate it; or (b) the aerial approaches to an airport
cannot be made safe or maintained in that condition by
airport zoning regulations adopted under this subtitle
because of constitutional limitations; or (c) it is
advantageous to make aerial approaches to an airport safe
and maintain them in that condition by the acquisition of
property rights or interests rather than by airport
zoning regulations; or (d) any zoning regulation or any
order, requirement, decision or determination issued or
made by an authority having the power to do so interferes
with the use or enjoyment of private property, or
otherwise infringes upon private property rights to such
an extent that it would be a taking of private property
without just compensation under the provisions of the
Constitution of the United States or the Constitution of
Maryland, the political subdivision owning, controlling
or operating the particular airport affected may acquire
by purchase, grant, lease or condemnation in the manner
set forth in Title 12 of THE REAL PROPERTY. Article [21]
of [this] THE Code, or in the manner provided by law
under which the political subdivision may be empowered to
acquire property for public purposes, other than street
purposes, such as air right, easement or other right,
title or interest in property as may be necessary or
proper to eliminate the airport hazard or to protect the
said aerial approaches or to effectuate the purposes of
this subtitle,

SECTION 2. AND BE IT FURTHER ENACTED, That Sections
141, 193, 196, 199, 333, 334, 340, 341 and 402, of
Article 23 — Corporations, of the Annotated Code of
Maryland (1973 Replacement Volume and 1973 Supplement) be
and they are hereby repealed and re—enacted, with
amendments, to read as follows:

Article 23 — Corporations

141.

The corporation may agree with the owners for the
lands or property of any kind whatsoever, or interest
therein, necessary for the abutments of the bridge and
the lands necessary for the digging, constructing and
maintaining of a canal, and for roads and ways thereto,
and for earth or stone required in the construction of
said bridge or of said canal and of said ways,
approaches, terminals, docks and wharves; and the rights
acquired by agreement shall be conveyed by deed, duly
acknowledged and recorded. In case of failure to agree.