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Session Laws, 1976
Volume 734, Page 1640   View pdf image
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1640

LAWS OF MARYLAND

Ch. 608

the purpose of this subheading, and such entry shall not
be deemed a trespass, nor shall an entry for such
purposes be deemed an entry under any condemnation
proceedings which may be then pending. The Commission
shall make reimbursement for any actual damages resulting
to such lands, waters and premises as a result of such
activities,

The State of Maryland hereby consents to the use of
all lands owned by it, including lands lying under water,
which are deemed by the Commission to be necessary for
the construction or operation of any project.

§10. [§ 125.] Acquisition of property.

(a)     Purchase.— The Commission is hereby
authorized and empowered to acquire by purchase, whenever
it shall deem such purchase expedient, solely from funds
provided under the authority of this subheading, such
lands, structures, property, rights, rights—of—way,
franchises, easements and other interests in lands,
including lands lying under water and riparian rights,
which are located within the State and within any
municipality (including Baltimore City) and within any
other political subdivision of the State, and within the
limits of any property owned or controlled by the United
States government or any agency thereof, as it may deem
necessary or convenient for the construction and
operation of any project, upon such terms and at such
prices as may be considered by it to be reasonable and
can be agreed upon between it and the owner thereof, and
to take title thereto in the name of the State of
Maryland.

(b)     Condemnation—In general. —Whenever a
reasonable price cannot be agreed upon, or whenever the
owner is legally incapacitated or is absent, unknown or
unable to convey valid title, the Commission is hereby
authorized and empowered to acquire by condemnation or by
the exercise of the power of eminent domain any lands,
property, rights, rights—of—way, franchises, easements
and other property of any person, copartnership,
association, railroad, public service, public utility or
other corporation, or municipality (including Baltimore
City) or political subdivision deemed necessary or
convenient for the construction or the efficient
operation of any project or necessary in the restoration
of public or private property damaged or destroyed. Any
such proceeding shall be conducted, and the compensation
to be paid shall be ascertained and paid, in the manner
provided by or referred to in ARTICLE 89B, § 8 or § 64 or
§ 9 of [this article] THE ANNOTATED CODE OF MARYLAND
(1957 EDITION, AS AMENDED) or in Title 12 of the Real
Property Article of the Code, or in any of said sections
or amendments thereto, or by the Constitution or any
other law or laws of the State of Maryland then
applicable which relate to condemnation or to the
exercise of the power of eminent domain. The Commission
is further authorized and empowered to exercise in this
State and in any adjoining state, or in the District of

 

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Session Laws, 1976
Volume 734, Page 1640   View pdf image
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