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Session Laws, 1977
Volume 735, Page 327   View pdf image
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327
MARVIN MANDEL, Governor
that act, unlike the present reference in §39,
refers in 42 U.S.C. §4601(5) to "any
individual, partnership, corporation, or
association". The only other changes are in style. As to subsection (b) of this section, see,
also, Title 12, Subtitle 2 of the Seal
Property Article, "Relocation and Assistance". As to subsection (c) of this section, see,
also, 42 U.S.C. §§4631 through 4633. 7-405. RELOCATION OF PUBLIC FACILITY. (A)   RELOCATION REQUIRED. NOTWITHSTANDING §7-404 OF THIS SUBTITLE ON
RELOCATION PROGRAM AND PAYMENTS, ANY HIGHWAY, OTHER
PUBLIC FACILITY, OR FACILITY OF A PUBLIC UTILITY COMPANY
DISLOCATED BY ACTION OF THE ADMINISTRATION SHALL BE
RELOCATED IF THE FACILITY IS DEVOTED TO PUBLIC USE. (B)   ADMINISTRATION TO PAY RELOCATION COSTS. IF A SUBSTITUTE FACILITY IS NECESSARY, THE
ADMINISTRATION SHALL PAY THE REASONABLE NONBETTERMENT
COST OF RELOCATION. REVISOR'S NOTE: This section presently appears as
Art. 64B, §40. In subsection (a) of this section, the more
simple phrase "by action of the
Administration"-—which conforms to the similar
language in §7—404 of this subtitle—-is
substituted for "by reason of a project deemed
necessary...to effectuate the authorized
purposes of" this title. No substantive
change is intended since, in any event, the
taking or dislocation would have to comply
with the standards and other provisions of
this title and applicable State law. Also in subsection (a), the present
cross—reference to present Art. 64B, §32 (now
§7—506, relating to hearings) is corrected to
refer to §7—404 of this subtitle (present Art.
64B, §39). Clearly the present
cross—reference is erroneous, since the
provisions of this section and §7—506 are
wholly unrelated. Although the legislative
history of this act was unavailing of clues to
the intended reference, the revised reference
to §7—404 is dictated by both logic and by the
similar provisions of and like cross—reference
in the Washington Metropolitan Area Transit


 
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Session Laws, 1977
Volume 735, Page 327   View pdf image
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