MARVIN MANDEL, Governor

3391

ACQUIRED.

[[(2) THE COMMISSION'S RIGHT TO ENTER AND
TAKE POSSESSION OF LAND OR INTERESTS IN LAND PURSUANT TO
THIS SECTION COMMENCES IMMEDIATELY UPON THE FILING OF A
DECLARATION OF TAKING IN THE CIRCUIT COURT OF 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.]]

[[(3)]] (2) AMONG OTHER THINGS, THE
DECLARATION OF TAKING FILED BY THE COMMISSION SHALL:

(I)    NAME THE COMMISSION AS PLAINTIFF
AND THE OWNER OR OWNERS OF THE PROPERTY BEING TAKEN AS
DEFENDANTS;

(II)   CONTAIN A DESCRIPTION OF THE LAND
OR INTEREST IN LAND BEING TAKEN;

(III)  SPECIFY THE ESTIMATED FAIR VALUE
OF THE PROPERTY BEING TAKEN; AND

(IV)   IDENTIFY THE QUALIFIED
[[APPRAISER]] APPRAISERS WHO APPRAISED THE PROPERTY BEING
TAKEN.

[[(4) IF THE PETITION FOR CONDEMNATION IS NOT
ON FILE WITH THE COURT AT THE TIME THE DECLARATION OF
TAKING IS FILED, OR IF THE PETITION FOR CONDEMNATION IS
FILED SIMULTANEOUSLY WITH THE DECLARATION OF TAKING, THE
DECLARATION SHALL BE DOCKETED AS A LAW CASE BY THE CLERK
OF THE CIRCUIT COURT.]]

[[(5)]] (3) NOTICE OF THE DECLARATION OF
TAKING AND SERVICE OF THE DECLARATION ON THE OWNER OR
OWNERS OF THE PROPERTY BEING TAKEN SHALL BE ACCOMPLISHED
IN THE SAME MANNER AS NOTICE AND SERVICE OF PETITIONS FOR
CONDEMNATION.

[[(6)]] (4) IN ANY SUBSEQUENT PROCEEDING,
THE DATE OF FILING THE DECLARATION OF TAKING, ACCOMPANIED
BY THE REQUIRED PAYMENT, SHALL BE THE OPERATIVE DATE [[OF
THE TAKING]] FOR THE DETERMINATION OF THE FAIR MARKET
VALUE OF THE PROPERTY TAKEN AND DAMAGES, IF ANY,
OCCASIONED BY THE TAKING.

[[(7)]] (5) THE COMMISSION'S RIGHT TO ENTER
AND TAKE POSSESSION OF LAND OR INTERESTS IN LAND IN
ACCORDANCE WITH PROVISIONS ENACTED PURSUANT TO THIS
SECTION MAY NOT BE EXERCISED UNTIL ANY ENVIRONMENTAL
IMPACT STATEMENT REQUIRED BY THE FEDERAL ENVIRONMENTAL