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Session Laws, 1974
Volume 713, Page 404   View pdf image
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404                                          LAWS OF MARYLAND                          [Ch. 12

TAKING AND THE VALUATION OF THE TENANT'S INTEREST IN A
CONDEMNATION PROCEEDING, NO IMPROVEMENT OR INSTALLATION
WHICH OTHERWISE WOULD BE DEEMED PART OF THE LAND SHALL BE
DEEMED PERSONAL PROPERTY SO AS TO BE EXCLUDED FROM THE
TAKING SOLELY BECAUSE OF THE PRIVATE RIGHT OF A TENANT,
AS AGAINST THE OWNER OF ANY OTHER INTEREST IN THE LAND
SOUGHT TO BE CONDEMNED, TO REMOVE THE IMPROVEMENT OR
INSTALLATION, UNLESS THE TENANT EXERCISES HIS RIGHT TO
REMOVE IT PRIOR TO THE DATE WHEN HIS ANSWER IS DUE, OR
STATES IN HIS ANSWER HIS ELECTION TO EXERCISE THIS RIGHT.

(D)   CHURCHES.

THE DAMAGES TO BE AWARDED FOR THE TAKING OF A
STRUCTURE, SUCH AS A CHURCH OR PLACE OF RELIGIOUS
WORSHIP, HELD IN FEE SIMPLE, OR UNDER A LEASE RENEWABLE
FOREVER, BY OR FOR THE BENEFIT OF A RELIGIOUS BODY AND
REGULARLY USED BY THE RELIGIOUS BODY, ARE THE COST OF
REPRODUCING OR REPLACING THE IMPROVEMENTS, ADJUSTED FOR
PHYSICAL AND FUNCTIONAL DEPRECIATION, TO WHICH SHALL BE
ADDED THE FAIR MARKET VALUE OF THE LAND.

(E)   PARKS.

(1)   FOR TAKING LAND. THE DAMAGES TO BE
AWARDED FOR THE TAKING OF ALL LAND OWNED AND DESIGNATED
BY A PUBLIC BODY AS PARK LAND, OPEN SPACE, OR RECREATION
AREA IS THE FAIR MARKET VALUE AS OF THE VALUATION DATE,
OF OTHER LAND SUBSTANTIALLY SIMILAR IN SIZE AND CHARACTER
AND OF COMPARABLE QUALITY FOR PARK, OPEN SPACE, OR
RECREATIONAL PURPOSES FOR THE COMMUNITY WHICH MADE USE OF
THE LAND TO BE TAKEN. NO DAMAGES MAY BE AWARDED UNLESS
OTHER LAND IS ACQUIRED FOR PARK, OPEN SPACE, OR
RECREATIONAL PURPOSES. NO AWARDED DAMAGES MAY BE LESS
THAN THE FAIR MARKET VALUE OF THE LAND TO BE TAKEN.

(2)   WHERE PART IS TAKEN. THE DAMAGES TO BE
AWARDED FOR THE TAKING OF PART OF THE PARK LAND, OPEN
SPACE, OR RECREATION AREA IS THE FAIR MARKET VALUE OF THE
PART TAKEN, BUT NOT LESS THAN THE ACTUAL VALUE OF THE
REPLACEMENT LAND AS DEFINED IN PARAGRAPH (1) PLUS ANY
SEVERANCE OR RESULTING DAMAGES TO THE REMAINING LAND BY
REASON OF THE TAKING AND OF THE FUTURE USE BY THE
PLAINTIFF OF THE PART TAKEN. THE SEVERANCE OR RESULTING
DAMAGES ARE TO 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 LAND
TAKEN.

(3)   DAMAGES FOR IMPROVEMENTS TAKEN. WHERE
THE LAND, OR ANY PART OF IT, TAKEN PURSUANT TO THIS
SUBSECTION CONTAINS IMPROVEMENTS, THE DAMAGES TO BE
AWARDED, IN ADDITION TO THAT PROVIDED FOR IN PARAGRAPHS

(1) AND (2), SHALL INCLUDE THE REASONABLE COST AS OF THE

 

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Session Laws, 1974
Volume 713, Page 404   View pdf image
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