MARVIN MANDEL, Governor                                   405

[[VALUDATION]] VALUATION DATE OF PROVIDING NEW
IMPROVEMENTS OF SUBSTANTIALLY THE SAME SIZE, COMPARABLE
CHARACTER, AND FOR THE SAKE PURPOSE AS THOSE TAKEN.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12-105 of the Code. In subsection
(a) , the last phrase is proposed for deletion
as unnecessary since §12—105 is the only
section defining "fair market value." In
addition, the reference to "tract" is proposed
for deletion throughout this section because
it is ambiguous.

"Land" is substituted because it is defined in
§ 1—101(e). In subsequent sections, the
present references to "real property" are
proposed for deletion and "land" is
substituted. "Real property" is not defined
in this article while "land" and "property"
are defined as "real property or any interest
therein or appurtenant thereto"; see §1—101(f)
and (k). Use of "property," however,
throughout this subtitle would cause confusion
since in this subtitle, in contrast to others,
the phrase "personal property" appears.
Consequently, "land" is substituted wherever
"real property," "real estate," or "realty"
appears.

In subsection (c), the present reference to
"manner" is proposed for deletion and "answer"
is substituted because as originally enacted
"answer" was used; See Ch. 52, Acts of 1963.

Subsection (d) is revised to incorporate the
construction given this subsection by the
Court of Appeals in City of Baltimore v.
Concord Baptist Church, 257 Md. 132 (1970).

The only other changes are in style.
12-105, FAIR MARKET VALUE; ASSESSED VALUE.

(A)    EFFECTIVE DATE IF CONTINUING POWERS OF
CONDEMNATION.

IN THIS SECTION, THE PHRASE "THE EFFECTIVE DATE OF
LEGISLATIVE AUTHORITY FOR THE ACQUISITION OF THE
PROPERTY," MEANS, WITH RESPECT TO A CONDEMNOR VESTED WITH
CONTINUING POWER OF CONDEMNATION, THE DATE OF SPECIFIC
ADMINISTRATIVE DETERMINATION TO ACQUIRE THE PROPERTY.

(B)   FAIR MARKET VALUE.