426                                          LAWS OF MARYLAND                          [Ch. 12

(I) RESPONSIBILITY FOR INSTITUTION OF A LEGAL
PROCEEDING.

IF ANY INTEREST IN LAND IS TO BE ACQUIRED BY
EXERCISE OF THE POWER OF EMINENT DOMAIN, THE PUBLIC
AGENCY CONCERNED SHALL INSTITUTE A FORMAL CONDEMNATION
PROCEEDING. NO PUBLIC AGENCY INTENTIONALLY MAY MAKE IT
NECESSARY FOR AN OWNER TO INSTITUTE A LEGAL PROCEEDING TO
PROVE THE FACT OF THE TAKING OF HIS LAND.

(J) ACQUISITION LEAVING ONLY UNECONOMIC REMNANT.

IF THE ACQUISITION OF ONLY PART OF THE LAND WOULD
LEAVE ITS OWNER WITH AN UNECONOMIC REMNANT, THE PUBLIC
AGENCY CONCERNED SHALL OFFER TO ACQUIRE THE ENTIRE LAND.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12-205.1 of the Code. This section
is divided into subsections for organizational
purposes. The references to "real" property
are proposed for deletion in light of the
definition of "property" in §1—101(k). The
only other changes are in style.

12-208. BUILDINGS, STRUCTURES, AND IMPROVEMENTS ON
ACQUIRED LAND.

(A)   INTEREST TO BE ACQUIRED.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF A
PUBLIC AGENCY ACQUIRES ANY INTEREST IN LAND, THE PUBLIC
AGENCY SHALL ACQUIRE AT LEAST AN EQUAL INTEREST IN ALL
BUILDINGS, STRUCTURES, OR OTHER IMPROVEMENTS, LOCATED ON
THE LAND ACQUIRED WHICH IT REQUIRES TO BE REMOVED FROM
THE LAND OR WHICH IT DETERMINES WILL BE ADVERSELY
AFFECTED BY THE USE TO WHICH THE LAND WILL BE PUT.

(B)   BUILDINGS WHICH MAY BE REMOVED BY TENANT.

(1) FOR THE PURPOSE OF DETERMINING JUST
COMPENSATION TO BE PAID FOR ANY BUILDING, STRUCTURE, OR
OTHER IMPROVEMENT REQUIRED TO BE ACQUIRED BY SUBSECTION
(A), THE BUILDING, STRUCTURE, OR OTHER IMPROVEMENT SHALL
BE DEEMED A PART OF THE LAND TO BE ACQUIRED
NOTWITHSTANDING THE RIGHT OR OBLIGATION OF A TENANT, AS
AGAINST THE OWNER OF ANY OTHER INTEREST IN THE LAND, TO
REMOVE THE BUILDING, STRUCTURE, OR IMPROVEMENT AT THE
EXPIRATION OF HIS TERM, AND THE FAIR MARKET VALUE WHICH
THE BUILDING, STRUCTURE, OR IMPROVEMENT CONTRIBUTES TO
THE FAIR MARKET VALUE OF THE LAND TO BE ACQUIRED, OR THE
FAIR MARKET VALUE OF THE BUILDING, STRUCTURE, OR
IMPROVEMENT FOR REMOVAL FROM THE LAND, WHICHEVER IS THE
GREATER, SHALL BE PAID TO THE TENANT.