1264

LAWS OF MARYLAND

Ch. 472

they are hereby repealed and reenacted, with amendments,
to read as follows:

Article — Real Property

12-107.

(a) Any party to a condemnation case may appeal
from a final judgment or determination to the Court of
SPECIAL Appeals in the manner prescribed by the Maryland
Rules.

12-107.

(c)   Costs in the Court of SPECIAL Appeals shall be
paid as directed by the Court of SPECIAL Appeals.

12-107.

(d) (1) If the plaintiff desires possession pending
appeal, it may make payment of the award pursuant to
Subtitle D of the Maryland Rules. In addition, the
plaintiff shall file with the clerk of the court a bond
to the State for the penalty the court prescribes.

(2)  The bond shall be conditioned that if the
judgment is reversed, the plaintiff shall pay to the
defendant appealing, all damages the plaintiff caused the
defendant by taking possession and using the property
before the final determination of the appeal. The bond
shall be executed by the plaintiff together with another
surety approved by the court.

(3)   On the payment and filing of the bond, the
plaintiff immediately may take possession of the property
of the defendant appealing.

(4)  Except as provided in paragraph (5) , if the
judgment is affirmed by the Court of SPECIAL Appeals, the
bond is discharged. If the judgment is reversed by the
Court of SPECIAL Appeals on the right of the plaintiff to
condemn, the plaintiff immediately shall surrender
possession of the property of the defendant and the
surety shall be liable to the defendant for all damages
which have been occasioned to the defendant by the
plaintiff in taking possession and using the property
before final determination of the appeal.

(5)   If the plaintiff is the State[,] or any of its
subdivisions [of] OR instrumentalities, no bond is
required.

12-109.

(d)   No condemnation proceeding may be abandoned:

(1)  After taking has occurred;

(2)   More than 120 days after the entry of final
judgment, unless an appeal is taken; or

(3)  If an appeal is taken from a final judgment,
more than 120 days after the receipt by the clerk of the
lower court of a mandate of the Court of Appeals OR THE
COURT OF SPECIAL APPEALS evidencing the dismissal of the