406                                          LAWS OF MARYLAND                          [Ch. 12

THE FAIR MARKET VALUE OF PROPERTY IN A CONDEMNATION
PROCEEDING IS THE PRICE AS OF THE VALUATION DATE FOR THE
HIGHEST AND BEST USE OF THE PROPERTY WHICH A VENDOR,
WILLING BUT NOT OBLIGATED TO SELL, WOULD ACCEPT FOR THE
PROPERTY, AND WHICH A PURCHASER, WILLING BUT NOT
OBLIGATED TO BUY, WOULD PAY, EXCLUDING ANY INCREMENT IN
VALUE PROXIMATELY CAUSED BY THE PUBLIC PROJECT FOR WHICH
THE PROPERTY CONDEMNED IS NEEDED. IN ADDITION, FAIR
MARKET VALUE INCLUDES ANY AMOUNT BY WHICH THE PRICE
REFLECTS A DIMINUTION IN VALUE OCCURRING BETWEEN THE
EFFECTIVE DATE OF LEGISLATIVE AUTHORITY FOR THE
ACQUISITION OF THE PROPERTY AND THE DATE OF ACTUAL TAKING
IF THE TRIER OF FACTS FINDS THAT THE DIMINUTION IN VALUE
WAS PROXIMATELY CAUSED BY THE PUBLIC PROJECT FOR WHICH
THE PROPERTY CONDEMNED IS NEEDED, OR BY ANNOUNCEMENTS OR
ACTS OF THE PLAINTIFF OR ITS OFFICIALS CONCERNING THE
PUBLIC PROJECT, AND WAS BEYOND THE REASONABLE CONTROL OF
THE PROPERTY OWNER.

(C) ASSESSED VALUE.

THE DEFENDANT PROPERTY OWNER MAY ELECT TO PRESENT AS
EVIDENCE IN A CONDEMNATION PROCEEDING, THE ASSESSED VALUE
OF THE PROPERTY, AS DETERMINED BY THE DEPARTMENT OF
ASSESSMENTS AND TAXATION, IF THE ASSESSED VALUE IS
GREATER THAN THE APPRAISED VALUE PLACED ON THE PROPERTY
BY THE CONDEMNING AUTHORITY.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12-106 of the Code. The only
changes are in style,,

12-106. COSTS; INTEREST ON AWARD; [[REMOVALOF]] REMOVAL
OF PROPERTY FROM TAX ROLLS.

(A)   PLAINTIFF PAYS COSTS.

THE PLAINTIFF SHALL PAY ALL THE COSTS IN THE TRIAL
COURT.

(B)   COSTS INCLUDED ON AWARD.

THE COSTS IN A CONDEMNATION PROCEEDING INCLUDE:

(1)   THE USUAL PER DIEM TO THE JURORS;

(2)    THE COST OF TRANSPORTING THE TRIER OF
FACT TO VIEW THE PROPERTY;

(3)   THE COST OF MEALS FOR THE JURY IF THE
COURT SO ORDERS;

(4)    THE COST OF RECORDING THE INQUISITION
AMONG THE LAND RECORDS AND OF ALL DOCUMENTARY STAMPS