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1971
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MARVIN MANDEL, Governor
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pursuant to the provisions authorized by this section may
be initiated prior to or after the beginning of
construction of the whole or any part of the particular
facility or project for which the property is being
acquired.
(2) Among other things, the declaration of
taking filed by the Commission shall:
(i) Name the Commission as plaintiff
and the owner or owners of the property being taken as
defendants;
(ii) Contain a description of the land
or interest in land being taken;
(iii) Specify the estimated fair value
of the property being taken; and
(iv) Identify the qualified appraisers
who appraised the property being taken.
(3) Notice of the declaration of taking and
service of the declaration on the owner or owners of the
property being taken shall be accomplished in the same
manner as notice and service of petitions for
condemnation.
(4) In any subsequent proceeding, the date
of filing the declaration of taking, accompanied by the
required payment, shall be the operative date for the
determination of the fair market value of the property
taken and damages, if any, occasioned by the taking.
(5) The Commission's right to enter and take
possession of land or interests in land in accordance
with provisions enacted pursuant to this section may not
be exercised until any environmental impact statement
required by the Federal Environmental Protection Agency
is completed and the project has been approved.]
SECTION 2. AND BE IT FURTHER ENACTED, That all local
legislation enacted by the Montgomery County Council
pursuant to the provisions of Section 2-2 of the Code of
the Washington Suburban Sanitary District (being also
Section 86—2—2 of the Public Local Laws of Montgomery
County and Section 83—60A of the Public Local Laws of
Prince George's County) is hereby rendered null and void.
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved April 29, 1977.
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