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Ch. 13
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370
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LAWS OF MARYLAND
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(A) ACQUISITION BY ADMINISTRATION.
THE ADMINISTRATION MAY ACQUIRE FOR THIS STATE, BY
CONDEMNATION UNDER TITLE XI OF THE REAL PROPERTY ARTICLE
OR BY LEASE, AGREEMENT, GIFT, GRANT, PURCHASE, OR
OTHERWISE, ANY PRIVATE PROPERTY FOR ANY PUBLIC PURPOSE
THAT IT CONSIDERS NECESSARY OR DESIRABLE TO PERFORM THE
DUTIES IMPOSED BY THIS TITLE OR FOR ANY OTHER PURPOSE
AUTHORIZED UNDER THIS TITLE.
(B) CONDEMNATION BY COMMISSION.
ON BEHALF OF AND AT THE REQUEST OF THE
ADMINISTRATION, THE STATE ROADS COMMISSION MAY EXERCISE
THE AUTHORITY VESTED IN IT BY ARTICLE III, §40B OF THE
STATE CONSTITUTION AND ACQUIRE FOR THIS STATE, BY
CONDEMNATION UNDER PART III OF PART IV OF THIS SUBTITLE,
ANY PRIVATE PROPERTY FOR ANY HIGHWAY PURPOSE.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 89B,
§7(b).
The present reference to "rights or easements"
is deleted as unnecessary in light of the
definition of "property" in §1-101 of this
article.
in subsection (a) of this section, a reference
to property acquisition by the Administration
"by lease...or otherwise" is added to provide
the broadest checklist possible. Elsewhere in
this subtitle, where the manner of acquisition
is limited, the specific method is specified;
see, e.g., §8-313(b) of this subtitle.
In subsection (b) of this section, the
introductory phrase, "{o}n behalf of and at
the request of the Administration", is added
for clarity. It also avoids the need for dual
references in this subtitle to acquisitions
"by the Administration or the Commission".
Also in subsection (b), the phrase "for any
highway purpose" is new language derived from
Art. III, §40B of the State Constitution,
which grants "quick—take" condemnation power
to the Commission. This power is vested
exclusively in the Commission; see, §8-218(b)
of this title.
For specific purposes for which property may
be acquired, see Part II of this subtitle.
For detailed procedures to be followed by the
Commission in exercising the Constitutional
grant of "quick—take" condemnation, see Parts
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