MONTGOMERY COUNTY                                    3241

Council, for the Commission, prior to authorized
entry on the land or interests in land, to institute
condemnation proceedings and pay to the owner or
owners of the interest or interests in land, or into
the Court a sum of money estimated to be the fair
market value of the land or interests in land, but
no less than the appraised value of the land or
interests in land being acquired as determined by
the average of two appraisals by each of two
qualified appraisers hired by the Commission and in
no event less than the estimated payment, but in no
way limiting the amount which may be awarded in
subsequent condemnation proceedings; to provide for
removal by the owner or owners of land or interests
in land of money filed in Court; to provide the
Commission with the right to enter and take
possession of the land or interests in land
immediately upon institution of condemnation
proceedings; to provide that the taking of land or
interests in land may be prior to or after the
beginning of construction of the whole or any part
of the project; to specify, among other things,
certain information to be contained in the
declaration of taking; to provide for notice and
service of the declaration of taking; to provide
that the date of filing of the declaration of taking
shall be the operative date for determination of
fair market value; and to provide that the right to
enter and take possession of the land or interests
in land may not be exercised until any environmental
impact statement has been accepted by the Federal
Council on Environmental Quality; to provide for
reimbursement under certain conditions of certain
expenses incurred by the owner or owners of the land
or interests in land in question; and to provide for
periodic review of the use of and continued need for
the advance taking authority; to provide for an
effective date of December 1, 1976.

Chapter 21

AN ACT to amend Chapter 35, title "Police," of the
Montgomery County Code 1972, as amended, by
repealing and re—enacting with amendments,
subsection (z) of Section 35—21, title "General
rules of conduct and performance," to allow members
of the police to use motor vehicles furnished them
for police duty for any purpose authorized by the
Superintendent of Police, and to declare that an
emergency exists and that this Act shall take effect
on the date it becomes law.