MARVIN MANDEL, Governor                                    403

TO TAKE THE PROPERTY BEFORE TRIAL PURSUANT TO ARTICLE III
OF THE CONSTITUTION OF THE STATE, OR ANY AMENDMENT TO IT,
AND THE REQUIRED PAYMENT HAS BEEN MADE TO THE DEFENDANT
OR INTO COURT, ANY REQUIRED SECURITY HAS BEEN GIVEN, AND
THE PLAINTIFF HAS TAKEN POSSESSION OF THE PROPERTY AND
ACTUALLY AND LAWFULLY APPROPRIATED IT TO THE PUBLIC
PURPOSES OF THE PLAINTIFF.

(2) IN EVERY OTHER CASE, IF THE PLAINTIFF
PAYS THE JUDGMENT AND COSTS PURSUANT TO SUBTITLE U OF THE
MARYLAND RULES.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12-103 of the Code. The only
changes are in style.

12-103. TIME VALUE DETERMINED.

UNLESS AN APPLICABLE STATUTE SPECIFIED A DIFFERENT
TIME AS OF WHICH THE VALUE IS TO BE DETERMINED, THE VALUE
OF THE PROPERTY SOUGHT TO BE CONDEMNED AND OF ANY
ADJACENT PROPERTY OF THE DEFENDANT CLAIMED TO BE AFFECTED
BY THE TAKING SHALL BE DETERMINED AS OF THE DATE OF THE
TAKING, IF TAKING HAS OCCURRED, OR AS OF THE DATE OF
TRIAL, IF TAKING HAS NOT OCCURRED.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12-104 of the Code. The only
changes are in style.

12-104. DAMAGES TO BE AWARDED.

(A)   FOR TAKING ENTIRE TRACT.

THE DAMAGES TO BE AWARDED FOR THE TAKING OF LAND IS
ITS FAIR MARKET VALUE.

(B)   WHERE PART OF TRACT TAKEN.

THE DAMAGES TO BE AWARDED WHERE LAND, OR ANY PART OF
IT, IS TAKEN IS THE FAIR MARKET VALUE OF THE PART TAKEN,
BUT NOT LESS THAN THE ACTUAL VALUE OF THE PART TAKEN 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, THE SEVERANCE OR RESULTING
DAMAGES SHALL BE DIMINISHED TO THE EXTENT OF THE VALUE OF
THE SPECIAL (PARTICULAR) BENEFITS TO THE REMAINDER
ARISING FROM THE PLAINTIFF'S FUTURE USE OF THE PART
TAKEN.

(C)    RIGHT OF TENANT TO REMOVE IMPROVEMENT OR
INSTALLATION.

THE PURPOSE OF DETERMINING THE EXTENT OF THE

FOR