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Ch. 287
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1970
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LAWS OF MARYLAND
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Commission, the County Executive and the owner or owners
of property which is the subject to the resolution.
Approval of the resolution by both the County Executive
and the County Council is required before the Commission
may proceed further in accordance with these provisions.
(4) After approval is obtained from the
County Executive and the County Council, but before the
Commission is authorized to enter upon and take
possession of the land or interests in land pursuant to
the authority provided in this section and in the local
legislation implementing this authority, the Commission
shall first institute condemnation proceedings pursuant
to the Real Property Article of the Annotated Code, file
a declaration of taking, and pay to the owner or owners
of the land or interests in land involved, or into the
Circuit Court for Montgomery County for the benefit of
the owner or owners, a sum of money which the Commission
estimates to be the fair market value of the property
being acquired. This estimate may not be less than the
appraised value of the property being acquired as
determined by the average of two appraisals by each of
two experienced and qualified appraisers, whose
qualifications as appraisers have been accepted by a
court of record of this State. In no event shall the
final amount awarded in a subsequent condemnation
proceeding be less than the estimated payment made
pursuant to this section. The payment to the property
owner(s), or into the court for the benefit of the
owner(s), in no way limits the amount which may be
awarded finally in subsequent condemnation proceedings
involving the same land or interests in land.
(5) If money is paid into the court for the
benefit of the owner or owners of the land or interests
in land involved in a proceeding pursuant to this
section, the property owner(s), upon written request to
the clerk of the court, may receive the sum so paid
without prejudice to any of the rights of the owner(s).
(6) The court shall hear and determine
condemnation proceedings as scon as practicable after
these proceedings have been instituted.
(7) The Commission's right to enter and take
possession of land or interests in land pursuant to this
section commences immediately upon commencement of
condemnation proceedings and the filing of a declaration
of taking in the Circuit Court for 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,
(c) Further provisions.
(1) The taking of land or interests in land
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