410                                          LAWS OF MARYLAND                          [Ch. 12

(C)   RECORDATION OF ABANDONMENT.

ON FILING THE ELECTION TO ABANDON, THE CLERK OF ANY
COURT WHERE THE INQUISITION HAS BEEN RECORDED AMONG THE
LAND RECORDS IMMEDIATELY SHALL MAKE A NOTATION ON THE
RECORDED COPY OF THE THE INQUISITION THAT THE PROCEEDING
HAS BEEN ABANDONED.

(D)   LIMITATION ON ABANDONMENT.

NO CONDEMNATION PROCEEDING MAY BE ABANDONED:

(1)   AFTER TAKING HAS OCCURRED;

(2)    MORE THAN 120 DAYS AFTER THE ENTRY OF
FINAL JUDGMENT, UNLESS AN APPEAL IS TAKEN; OR

(3)   IF AN APPEAL IS TAKEN FROM A FINAL
JUDGMENT, MORE THAN 120 DAYS AFTER THE RECEIPT BY THE
CLERK OF THE LOWER COURT OF A MANDATE OF THE COURT OF
APPEALS EVIDENCING THE DISMISSAL OF THE APPEAL, THE
AFFIRMANCE OF THE JUDGMENT, THE ENTRY OF JUDGMENT
PURSUANT TO MARYLAND RULE 875, OR THE MODIFICATION OF THE
JUDGMENT WITHOUT THE AWARD OF A NEW TRIAL. FOR THE
PURPOSES OF THIS SECTION, AN APPEAL STRICKEN OUT PURSUANT
TO MARYLAND RULE 813, OR VOLUNTARILY ABANDONED, IS DEEMED
NOT TO HAVE BEEN TAKEN. HOWEVER, IF THE APPEAL SO
STRICKEN OUT OR VOLUNTARILY ABANDONED WAS TAKEN BY THE
DEFENDANT, THE PLAINTIFF MAY ABANDON THE PROCEEDING
WITHIN 120 DAYS AFTER THE APPEAL IS ABANDONED OR STRICKEN
OUT, PROVIDED TAKING HAS NOT OCCURED.

(E)    RECOVERY BY DEFENDANT ON ACCOUNT OF LEGAL,
APPRAISAL, AND ENGINEERING FEES.

ON ABANDONMENT OF A CONDEMNATION PROCEEDING,
THE DEFENDANT IS ENTITLED TO RECOVER FROM THE PLAINTIFF
THE REASONABLE LEGAL, APPRAISAL, AND ENGINEERING FEES
ACTUALLY INCURRED BY THE DEFENDANT BECAUSE OF THE
CONDEMNATION PROCEEDING. IF THE PARTIES AGREE ON THE
PROPER AMOUNT TO BE RECOVERED BY THE DEFENDANT ON ACCOUNT
OF THESE FEES, THEY SHALL FILE WITH THE CLERK OF THE
COURT A WRITING EVIDENCING THEIR AGREEMENT. IF THE
PARTIES CANNOT AGREE ON THE PROPER AMOUNT TO BE RECOVERED
BY THE DEFENDANT ON ACCOUNT OF THE FEES, THE COURT, ON
MOTION OF EITHER [[PATY]] PARTY, SHALL DETERMINE THE
PROPER AMOUNT. THE CLERK SHALL ENTER THE AMOUNT AGREED
ON OR DETERMINED BY THE COURT AS A PART OF THE COSTS.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12-110 of the Code. Subsection (b)
is divided into two subsections for
organizational purposes. The only other
changes are in style.