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371
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MARVIN MANDEL, Governor
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III and IV of this subtitle.
For the highway related condemnation powers of
the Maryland Transportation Authority, see
§4-206 of this article.
for procedural rules applicable to
condemnation, generally, see Subtitle U of the
Maryland Rules.
As to the respective powers of the
Administration and the Commission, see
Subtitle 2 of this title and revisor's note to
58-207 of that subtitle.
8-303. TRANSFERS BETWEEN STATE AND POLITICAL
SUBDIVISION.
(A) POWER OF ADMINISTRATION IN GENERAL.
AS PROVIDED IN THIS SECTION, THE ADMINISTRATION MAY
ACQUIRE ANY PUBLICLY OWNED PROPERTY OR JURISDICTION OVER
IT, FOR ANY PURPOSE AUTHORIZED BY THIS SUBTITLE.
(B) TRANSFERS BY GOVERNMENTAL UNITS.
(1) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY POLITICAL SUBDIVISION OR AGENCY OF STATE OR
LOCAL GOVERNMENT MAY TRANSFER TO THIS STATE, FOR USE BY
THE ADMINISTRATION IN A HIGHWAY PROJECT, ANY PUBLICLY
OWNED PROPERTY OR JURISDICTION OVER IT, AS NECESSARY OR
DESIRABLE FOR THAT PROJECT.
(2) IF TITLE TO PROPERTY ALREADY IS HELD BY
THIS STATE FOR THE USE OF A POLITICAL SUBDIVISION OR
AGENCY OF STATE OR LOCAL GOVERNMENT AND THE POLITICAL
SUBDIVISION OR AGENCY CONSENTS TO THE TRANSFER, THIS
STATE MAY TRANSFER TO ITSELF, FOR USE BY THE
ADMINISTRATION IN A HIGHWAY PROJECT, ANY REQUIRED PART OF
THE PROPERTY OR JURISDICTION OVER IT.
(C) TERMS OF TRANSFER.
(1) THE TERMS OF A TRANSFER OF PROPERTY UNDER
THIS SECTION SHALL BE THOSE THAT THE ADMINISTRATION AND
THE TRANSFEROR AGREE TO AS REASONABLE AND FAIR.
(2) A TRANSFER UNDER THIS SECTION MAY BE MADE
EVEN IF THE PROPERTY IS USED OR IS INTENDED TO BE USED
FOR ANOTHER PUBLIC PURPOSE.
(3) NEITHER A TRANSFER UNDER THIS SECTION NOR
THE TERMS OF THE TRANSFER MAY MODIFY OR IMPAIR ANY
CONTRACT, COMMITMENT, DECLARATION OF TRUST, OR SIMILAR
INSTRUMENT MADE BY THE TRANSFEROR.
(D) EFFECT OF SECTION.
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