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Ch. 13
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LAWS OF MARYLAND
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322
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NAME OF THE ADMINISTRATION AND CONDUCTED UNDER TITLE 12
OF THE REAL PROPERTY ARTICLE.
REVISOR'S NOTE: This section presently appears as
Art. 64B, §46.
In subsection (a) of this section, the present
reference to a "right, title,...easement, or
privilege" in property is deleted as
unnecessary in light of the reference to
"property", which—-as broadly defined in
§1—101 of this article—includes these
specifics.
In subsection (b) of this section, the words
"but not limited to" are deleted as
unnecessary in light of the definition of
"including" in §1—101 of this article. Also,
the present reference to transit service "in
the District" is deleted as unnecessary in
light of and as inconsistent with the
definition of "transit service", which
includes service both in the District and "in
any county contiguous to the District".
The only other changes are in style.
As to the exercise of the powers granted by
this section, see §7-203(b) of this title.
Several questions arise as to the intended
relationship between subsection (b) of this
section and §7—402 of this subtitle. Section
7—402 authorizes the Administration to acquire
certain property of a private carrier—whether
by purchase, lease, or condemnation—but only
if one of the conditions described in items
(1) to (3) of that section has been met. On
the other hand, subsection (b) of this section
would appear to permit condemnation of that
same property, even if none of these
conditions had been met. (Query: whether the
single reference in subsection (b) to
"condemnation" is intended to preclude
acquisitions by purchase or lease or, by a
fortiori analysis, to include such
acquisitions.) As a result of its review of
these sections, the Commission recommends that
§7—402 be deleted and that references to
purchases of stock and other acquisitions by
"purchase" and "lease" be added to subsection
(b) of this section; in any event, one or the
other of these inconsistent provisions require
revision. For comparable provisions relating
to the Washington Metropolitan Transit
Authority, see Article XVI, §382(a) of the
WAMATA Compact, as set forth in §10—204 of
this article.
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