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MARVIN MANDEL, Governor 407
WHICH MAY BE REQUIRED IN THE TRANSFER OF THE PROPERTY TO
THE PLAINTIFF; AND
(5) AN ALLOWANCE TO THE DEFENDANT, AS FIXED
BY THE COURT, FOR THE REASONABLE LEGAL, APPRAISAL, AND
ENGINEERING FEES ACTUALLY INCURRED BY THE DEFENDANT
BECAUSE OF THE CONDEMNATION PROCEEDING, IF THE JUDGMENT
IS FOR THE DEFENDANT ON THE RIGHT TO CONDEMN.
(C) INTEREST ON AWARD.
IN PROCEEDING UNDER ARTICLE III OF THE CONSTITUTION
OF THE STATE, OR ANY AMENDMENT TO IT, THE PLAINTIFF SHALL
PAY INTEREST AT THE RATE OF 6 PERCENT PER ANNUM ON ANY
DIFFERENCE BETWEEN THE AMOUNT OF MONEY INITIALLY PAID
INTO COURT FOR THE USE OF THE DEFENDANT AND THE JURY
AWARD AS STATED IN THE INQUISITION, AS OF THE DATE THE
MONEY WAS PAID INTO COURT AND THE DATE OF THE INQUISITION
OR FINAL JUDGMENT, WHICHEVER IS LATER.
(D) REMOVAL OF PROPERTY FROM TAX BOLLS.
ON TAKING POSSESSION, ACQUIRING THE BIGHT TO TAKE
POSSESSION, OR THE ACTUAL TRANSFER OF TITLE TO THE
PLAINTIFF, WHICHEVER OCCURS FIRST, THE PLAINTIFF
IMMEDIATELY SHALL FILE WITH THE SUPERVISOR OF ASSESSMENTS
FOR THE COUNTY INVOLVED A WRITTEN NOTIFICATION OR RECORD
SETTING FORTH IN SUFFICIENT DETAIL THE AREA OF THE LAND
AND A DESCRIPTION OF ANY IMPROVEMENT BEING ACQUIRED. IF
THE PLAINTIFF IS AN AGENCY OR INSTRUMENTALITY OF THE
STATE, THE SUPERVISOR OF ASSESSMENTS, ON FILING OF THE
NOTIFICATION OR RECORD, IMMEDIATELY SHALL REMOVE THE
PROPERTY FROM THE TAX ROLLS.
REVISOR'S NOTE: This section presently appears as
Art. 21, §12—107 of the Code. In subsection
(d), the present reference to "Baltimore City"
is proposed for deletion in light of the
definition of "county" in § 1—101(b). The only
other changes are in style.
12-107. APPEALS.
(A) RIGHT TO APPEAL.
ANY PARTY TO A CONDEMNATION CASE MAY APPEAL FROM A
FINAL JUDGMENT OR DETERMINATION TO THE COURT OF APPEALS
IN THE MANNER PRESCRIBED BY THE MARYLAND RULES.
(B) ATTORNEY'S FEE.
IF THE FINAL DECISION ON APPEAL IS THAT THE
PLAINTIFF IS NOT ENTITLED TO CONDEMN THE PROPERTY, A
REASONABLE COUNSEL FEE FIXED BY THE TRIAL COURT SHALL BE
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