3390

LAWS OF MARYLAND

[Ch. 790

COURT OF RECORD OF THIS STATE. IN NO EVENT SHALL THE
FINAL AMOUNT AWARDED IN A SUBSEQUENT CONDEMNATION
PROCEEDING BE LESS THAN THE ESTIMATED PAYMENT MADE
PURSUANT TO THIS SECTION. THE PAYMENT TO THE PROPERTY
OWNER(S), OR INTO THE COURT FOR THE BENEFIT OF THE
OWNER(S), IN NO WAY LIMITS THE AMOUNT WHICH MAY BE
AWARDED FINALLY IN SUBSEQUENT CONDEMNATION PROCEEDINGS
INVOLVING THE SAME LAND OR INTERESTS IN LAND.

(5)    IF MONEY IS PAID INTO THE COURT FOR THE
BENEFIT OF THE OWNER OR OWNERS OF THE LAND OR INTERESTS
IN LAND INVOLVED IN A PROCEEDING PURSUANT TO THIS
SECTION, THE PROPERTY OWNER(S) , UPON WRITTEN REQUEST TO
THE CLERK OF THE COURT, MAY RECEIVE THE SUM SO PAID
WITHOUT PREJUDICE TO ANY OF THE RIGHTS OF THE OWNER(S)[[,
IF THE OWNER(S) AGREED TO REPAY TO THE COMMISSION THE
DIFFERENCE, IF ANY, BETWEEN THAT SUM AND THE FINAL
AWARD]].

(6)   [[IF THE COMMISSION AND THE OWNER OR
OWNERS OF LAND OR INTERESTS IN LAND BEING TAKEN PURSUANT
TO THIS SECTION ARE UNABLE TO AGREE AS TO THE
COMPENSATION AND DAMAGES, IF ANY, CAUSED BY THE TAKING,
THE COMMISSION SHALL INSTITUTE CONDEMNATION PROCEEDINGS
PURSUANT TO ARTICLE 33A OF THE ANNOTATED CODE. IF
CONDEMNATION PROCEEDINGS ARE NOT INSTITUTED AT THE TIME
THE COMMISSION PAYS TO THE OWNER OR OWNERS OR INTO THE
COURT, AS THE CASE MAY BE, THE ESTIMATED FAIR VALUE OF
THE PROPERTY BEING TAKEN, THE COMMISSION SHALL INSTITUTE
CONDEMNATION PROCEEDINGS NOT LATER THAN 30 DAYS AFTER
RECEIPT OF WRITTEN NOTICE FROM THE PROPERTY OWNER(S) OF
THE DISAGREEMENT AS TO THE VALUE OF THE PROPERTY.]] THE
COURT SHALL HEAR AND DETERMINE CONDEMNATION PROCEEDINGS
AS SOON AS PRACTICABLE AFTER THESE PROCEEDINGS HAVE BEEN
INSTITUTED.

(7)    THE COMMISSION'S RIGHT TO ENTER AND TAKE
POSSESSION OF LAND OR INTERESTS IN LAND PURSUANT TO THIS
SECTION COMMENCES IMMEDIATELY UPON COMMENCEMENT OF
CONDEMNATION PROCEEDINGS AND THE FILING OF A DECLARATION
OF TAKING IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY.
ACCOMPANIED BY THE REQUIRED ESTIMATED PAYMENT. THE
DECLARATION OF TAKING MAY BE COMBINED WITH A PETITION FOR
CONDEMNATION, EITHER FILED SIMULTANEOUSLY WITH OR AS A
PART OF THE SAME PLEADING, OR MAY BE FILED SUBSEQUENT TO
A PETITION FOR CONDEMNATION.

[[(B)]]C FURTHER PROVISIONS.

(1) THE TAKING OF LAND OR INTERESTS IN LAND
PURSUANT TO THE PROVISIONS AUTHORIZED BY THIS SECTION MAY
BE INITIATED PRIOR TO OR AFTER THE BEGINNING OF
CONSTRUCTION OF THE WHOLE OR ANY PART OF THE PARTICULAR
FACILITY OR PROJECT FOR WHICH THE PROPERTY IS BEING