|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2879
|
|
|
|
|
MARVIN MANDEL,
|
|
|
|
|
|
Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FOR the purpose of providing for the purchase of certain
easements in the portion of the Youghiogheny River
within the Scenic and Wild Rivers Program.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-410
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
|
|
|
|
|
|
|
|
|
|
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 8-410 of Article - Natural
Resources, of the Annotated Code of Maryland (1974 Volume
and 1976 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:
Article - Natural Resources
8-410.
(A) If the prohibitions of § 8-408 or of any rule
or regulation the Department adopts for the Scenic and
Wild Rivers Program would constitute a taking of a
property right without just compensation in violation of
the Constitution of the United States or the Constitution
of Maryland, funds under Program Open Space may be used
to purchase or otherwise pay for any property taken,
providing the acquisition has been previously approved by
the General Assembly.
(B) AS TO ANY WATER OR LAND AREAS WITHIN THAT
PORTION OF THE YOUGHIOGHENY RIVER DESIGNATED BY §
8-408(A) AS A WILD RIVER, FUNDS UNDER THE OPEN SPACE
PROGRAM MAY BE USED TO PURCHASE ANY RESTRICTION, WHETHER
DRAFTED IN THE FORM OF AN EASEMENT, COVENANT, OR
CONDITION, PROHIBITING OR LIMITING THE USE OF ANY OF THE
WATER OR LAND AREAS OR ANY IMPROVEMENT OR APPURTENANCE
THERETO FOR ANY OF THE PURPOSES LISTED IN § 2-118(B) OF
THE REAL PROPERTY ARTICLE. THE RESTRICTION CREATES AN
INCORPOREAL PROPERTY INTEREST IN THE WATER OR LAND AREAS
OR THE IMPROVEMENT OR APPURTENANCE THERETO, SO
RESTRICTED, WHICH IS ENFORCEABLE IN BOTH LAW AND EQUITY
IN THE SAME MANNER AS AN EASEMENT OR SERVITUDE WITH
RESPECT TO THE WATER OR LAND AREAS OR THE IMPROVEMENT OR
APPURTENANCE THERETO, IF THE RESTRICTION IS EXECUTED IN
COMPLIANCE WITH THE REQUIREMENTS OF THE REAL PROPERTY
ARTICLE FOR THE EXECUTION OF DEEDS OR THE ESTATES AND
TRUSTS ARTICLE FOR THE EXECUTION OF WILLS.
|
|
|
|
|
|
|
|
|
|
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
|
|
|
|
|
|
|
|
|
|
Approved May 26, 1977.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
