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Ch. 13
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212
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LAWS OF MARYLAND
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(1) REVERSE, AFFIRM, OR MODIFY THE DECISION
BROUGHT UP FOR REVIEW; AND
(2) IF NECESSARY, ORDER FURTHER PROCEEDINGS
BY THE BOARD OF APPEALS.
(D) PARTIES.
IT IS NOT NECESSARY TO JOIN THE BOARD OF APPEALS
AS A PARTY.
(E) PREFERENCE OVER OTHER PROCEEDINGS.
AN APPEAL UNDER THIS SUBTITLE HAS PREFERENCE OVER
ALL OTHER CIVIL ACTIONS AND PROCEEDINGS.
(F) FURTHER APPEAL.
AN APPEAL MAY BE TAKEN TO THE COURT OF SPECIAL
APPEALS FROM ANY DECISION OF THE COURT OF RECORD
REVIEWING THE DECISION OF THE BOARD OF APPEALS.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §8-801(e).
In subsection (a) of this section, the present
reference to an appeal by persons "jointly or
severally" is deleted as unnecessary.
The only other changes are in style.
As to subsection (a) of this section, the
Commission is unsure of the intended scope of
the reference to "any taxpayer." Is it
limited to taxpayers in the particular
political subdivision? What taxes are
included: only real property taxes or others?
5-616. ACQUISITION OF PROPERTY.
(A) IN GENERAL.
A POLITICAL SUBDIVISION THAT OWNS, CONTROLS, OR
OPERATES AN AIRPORT MAY ACQUIRE, BY PURCHASE, GRANT,
LEASE, OR CONDEMNATION, ANY PROPERTY, INCLUDING ANY AIR
RIGHT OR INTEREST, NEEDED TO ELIMINATE AN AIRPORT HAZARD,
TO PROTECT THE AERIAL APPROACHES TO THE AIRPORT, OR TO
EFFECTUATE THE PURPOSE OF THIS SUBTITLE, IF:
(1) A NONCONFORMING USE, STRUCTURE, OR TREE
OR OTHER VEGETATION IS AN AIRPORT HAZARD, AND IT IS
NECESSARY OR DESIRABLE TO REMOVE, LOWER, OR OTHERWISE
TERMINATE IT;
(2) BECAUSE OF CONSTITUTIONAL LIMITATIONS,
THE AERIAL APPROACHES TO THE AIRPORT CANNOT BE MADE OR
KEPT SAFE BY AIRPORT ZONING REGULATIONS ADOPTED UNDER
THIS SUBTITLE;
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