MARVIN MANDEL, Governor

3389

PROPOSED TAKING APPLIES ONLY TO LAND OR INTERESTS IN
LAND. THE COMMISSION IS EXPRESSLY PROHIBITED FROM USING
THE OPTION PROVIDED IN THIS SECTION FOR THE ACQUISITION
OF BUILDINGS OR OTHER STRUCTURES.

(2)     THE COMMISSION SHALL TRANSMIT ITS
RESOLUTION TO THE COUNTY EXECUTIVE AND COUNTY COUNCIL FOR
MONTGOMERY COUNTY. THE COUNTY EXECUTIVE SHALL SUBMIT
PROMPTLY TO THE COUNTY COUNCIL HIS RECOMMENDATIONS ON THE
RESOLUTION. THE COUNTY COUNCIL SHALL CONDUCT A PUBLIC
HEARING ON THE RESOLUTION PROMPTLY AFTER RECEIPT OF THE
RECOMMENDATIONS OF THE COUNTY EXECUTIVE. THE HEARING
SHALL BE HELD ONLY AFTER AT LEAST 15 DAYS' NOTICE IS
GIVEN IN AT LEAST TWO NEWSPAPERS OF GENERAL CIRCULATION
IN MONTGOMERY COUNTY. IN ADDITION, WRITTEN NOTICE TO
[[ALL]] [[PROPERTY OWNERS AFFECTED BY THE RESOLUTION SHALL
BE GIVEN]] THE OWNER OR OWNERS OF PROPERTY WHICH IS THE
SUBJECT OF THE RESOLUTION SHALL BE GIVEN AT LEAST 15 DAYS
PRIOR TO THE HEARING[[.]] , BY CERTIFIED MAIL.

(3)   FOLLOWING THE PUBLIC HEARING, THE COUNTY
EXECUTIVE AND THE COUNTY COUNCIL MAY APPROVE OR
DISAPPROVE THE RESOLUTION. APPROVAL OR DISAPPROVAL BY
THE COUNTY EXECUTIVE SHALL BE BY LETTER TO THE
COMMISSION, THE COUNTY COUNCIL AND [[ALL AFFECTED]] THE
OWNER OR OWNERS OF PROPERTY WHICH IS THE SUBJECT OF THE
RESOLUTION. [[OWNERS.]] APPROVAL OR DISAPPROVAL BY THE
COUNTY COUNCIL SHALL BE BY RESOLUTION, A COPY OF WHICH
SHALL BE SENT TO THE COMMISSION, THE COUNTY EXECUTIVE AND
[[ALL AFFECTED]] THE OWNER OR OWNERS OF PROPERTY
[[OWNERS]] WHICH IS THE SUBJECT OF THE RESOLUTION.
APPROVAL OF THE RESOLUTION BY BOTH THE COUNTY EXECUTIVE
AND THE COUNTY COUNCIL IS REQUIRED BEFORE THE COMMISSION
MAY PROCEED FURTHER IN ACCORDANCE WITH THESE PROVISIONS.

(4)    AFTER APPROVAL IS OBTAINED FROM THE
COUNTY EXECUTIVE AND THE COUNTY COUNCIL, BUT BEFORE THE
COMMISSION IS AUTHORIZED TO ENTER UPON AND TAKE
POSSESSION OF THE LAND OR INTERESTS IN LAND PURSUANT TO
THE AUTHORITY PROVIDED IN THIS SECTION AND IN THE LOCAL
LEGISLATION IMPLEMENTING THIS AUTHORITY, THE COMMISSION
SHALL FIRST INSTITUTE CONDEMNATION PROCEEDINGS PURSUANT
TO [[THIS CODE]] THE REAL PROPERTY ARTICLE OF THE
ANNOTATED CODE., FILE A DECLARATION OF TAKING, AND PAY TO
THE OWNER OR OWNERS OF THE LAND OR INTERESTS IN LAND
INVOLVED, OR INTO THE CIRCUIT COURT FOP MONTGOMERY COUNTY
FOR THE BENEFIT OF THE OWNER OR OWNERS, A SUM OF MONEY
WHICH THE COMMISSION ESTIMATES TO BE THE FAIR MARKET
VALUE OF THE PROPERTY BEING ACQUIRED. THIS ESTIMATE MAY
NOT BE LESS THAN THE APPRAISED VALUE OF THE PROPERTY
BEING ACQUIRED AS DETERMINED BY [[AT LEAST ONE]] THE
AVERAGE OF TWO APPRAISALS BY EACH OF TWO EXPERIENCED AND
QUALIFIED [[APPRAISER]] APPRAISERS, WHOSE QUALIFICATIONS
AS [[AN APPRAISER]] APPRAISERS HAVE BEEN ACCEPTED BY A