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MARVIN MANDEL, Governor 409
For payment of award, see Maryland Rule U23.
The only other changes are in style.
12-108. PAYMENT OF JUDGMENT AND COSTS; TITLE ACQUIRED.
(A) PAYMENT OF JUDGMENT AND COSTS.
ON PAYMENT OF THE JUDGMENT AND COSTS BY THE
PLAINTIFF PURSUANT TO THE PROVISIONS OF SUBTITLE U OF THE
MARYLAND RULES, THE PLAINTIFF IMMEDIATELY SHALL BECOME
VESTED WITH THE TITLE, ESTATE, OR INTEREST OF THE
DEFENDANT IN THE CONDEMNED PROPERTY.
(B) TITLE ACQUIRED.
THE TITLE ACQUIRED IN A CONDEMNATION PROCEEDING
SHALL BE AN ABSOLUTE OR FEE-SIMPLE TITLE INCLUDING THE
RIGHT, TITLE, AND INTEREST OF EACH OF THE DEFENDANTS IN
THE PROCEEDING WHOSE PROPERTY HAS BEEN CONDEMNED UNLESS A
DIFFERENT TITLE IS SPECIFIED IN THE INQUISITION.
REVISOR'S NOTE: This section presently appears as
Art. 21, §12-109 of the Code, The only
changes are in style.
12-109. ABANDONMENT OF CONDEMNATION PROCEEDING.
(A) METHOD.
the exclusive method of abandoning a proceeding for
condemnation shall be by the plaintiff's filing, in the
proceeding, a written election to abandon. a copy of the
election shall be served as provided in maryland rule
306, on each defendant who has been personally subjected
to the jurisdiction of the court. every other defendant
shall be notified of the election by service of a copy or
by any other means the court directs.
(b) effect of filing election to abandon.
the filing of the election has the effect of:
(1) reducing any money judgment entered in
the proceeding to a judgment for costs only, and the
clerk immediately shall make the entry on his docket and
judgment record [[as reflects]] to reflect this; and
(2) annulling any inquisition returned in the
proceeding, and any judgment entered in it, to the extent
that the inquisition or judgment affects the title of any
defendant to the property which was sought to be
condemned.
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