5181
HOWARD COUNTY

PROPERTY RIGHTS, INTEREST, EASEMENTS OR FRANCHISES IN THE
SAME. IF THE COUNTY EXECUTIVE IS UNABLE TO AGREE WITH THE
OWNER OR OWNERS ON THE PURCHASE PRICE OF SUCH PROPERTY OR
INTEREST THEREIN, HE SHALL THEREUPON REQUEST THE COUNTY
COUNCIL TO AUTHORIZE AND DIRECT THE OFFICE OF LAW TO
INSTITUTE IN THE NAME OF THE COUNTY THE NECESSARY LEGAL
ACTION TO ACQUIRE BY CONDEMNATION THE REAL PROPERTY OR
ANY INTEREST THEREIN. NO RESOLUTION AUTHORIZING AND
DIRECTING THE CONDEMNATION OF ANY INTEREST IN REAL
PROPERTY SHALL BE ADOPTED BY THE COUNCIL UNTIL AFTER THE
OWNER OR OWNERS OF THE SUBJECT REAL PROPERTY SHALL HAVE
HAD AN OPPORTUNITY TO BE HEARD BY THE COUNCIL IN OPEN
HEARING AFTER DUE NOTICE. A PUBLIC HEARING HELD PURSUANT
TO THIS SECTION SHALL BE LIMITED TO THE QUESTION OF
NECESSITY FOR THE TAKING AND NO ISSUE OF VALUE OF THE
LAND WHICH IS THE SUBJECT OF THE CONDEMNATION PROCEEDING
CAN BE RAISED. NO REAL PROPERTY OR INTEREST THEREIN SHALL
BE PURCHASED, BY CONDEMNATION OR OTHERWISE, UNLESS FUNDS
FOR THE SAME SHALL HAVE BEEN INCLUDED IN THE CAPITAL
BUDGET, THE AWARD OF A CONDEMNATION JURY NOTWITHSTANDING.
ALL SUCH PURCHASES HEREIN PROVIDED FOR SHALL BE
ACCOMPLISHED IN ACCORDANCE WITH BUDGETARY PROCEDURES AS
DESCRIBED IN THE HOWARD COUNTY CHARTER. ALL NECESSARY
LEGAL PROCEEDINGS SHALL BE ACCOMPLISHED IN ACCORDANCE
WITH ARTICLE [[33A]] 21 of the Code of Public General
Laws of Maryland and the Rules of Court adopted pursuant
thereto.

SECTION 2. AND BE IT FURTHER ENACTED BY THE COUNTY
COUNCIL OF HOWARD COUNTY, MARYLAND, that this Act shall
take effect sixty (60) days after its enactment.

Approved May 10, 1974

Council Bill No. 22

AN ACT to add Section 4.201, inclusive, of Title 4 of the
Howard County Code, title "Contract and Purchasing,"
to follow immediately after Section 4.200 thereof
and to be under the new subtitle, "Real Property,"
providing a procedure for the disposition of real
property no longer needed for public purposes.

WHEREAS, Article 25A of the Public General Laws of
Maryland gives Charter Counties the authority to provide
for the disposition of public property no longer needed
for public purposes; and

WHEREAS, the Howard County Charter was adopted by
the voters with the understanding that there would be