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MARVIN MANDEL, Governor 373
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"status" of a State highway or county road is
deleted in favor of a reference to a
"transfer" of "title ..., jurisdiction..., or
responsibility for maintenance...." This
recognizes that title to the land on which the
highway or road is located also may be
transferred.
Subsection (b) of this section is new language
derived frost the next to the last clause of
Art. 89B, §23. It is revised, in accordance
with 49 Op. Att. Gen. 388 (1964), to require
explicitly payment of relocation assistance
when the transfer of a county road to the
State interferes with the prior right of a
public service company.
The remainder of present §23 is deleted as
obsolete.
See, also, Title 12, Subtitle 2 of the Real
Property Article and Subtitle 5 of this title
for additional provisions relating to
relocation.
8-30 5. RIGHT-OF-WAY REVOLVING FUND.
(A) FUND ESTABLISHED.
THERE IS A RIGHT-OF-WAY REVOLVING FUND IN THE
TRANSPORTATION TRUST FUND.
(B) USES OF FUND.
(1) THE RIGHT-OF-WAY REVOLVING FUND MAY BE
USED ONLY TO PAY THE COSTS OF ACQUIRING PROPERTY FOR:
(I) ANY FUTURE STATE HIGHWAY SYSTEM PROJECT
THAT IS SCHEDULED FOR CONSTRUCTION OR RECONSTRUCTION
WITHIN 5 YEARS AFTER THE FISCAL YEAR IN WHICH THE
EXPENDITURE IS MADE FOR THE ACQUISITION;
(II) ANY STATE HIGHWAY SYSTEM PROJECT THAT IS
AN EXPRESSWAY OR CONTROLLED ACCESS HIGHWAY AND THAT IS
INCLUDED IN THE ADMINISTRATION'S 20-YEAR NEEDS STUDY AND
ALSO IN THE DEPARTMENT'S MASTER PLAN OF HIGHWAYS APPROVED
BY A POLITICAL SUBDIVISION; AND
(III) ANY FUTURE STATE POLICE POST SITE
RELATED TO A PROJECT DESCRIBED IN THIS SUBSECTION.
(2) FOR PURPOSES OF THIS SUBSECTION, THE
COSTS OF ACQUISITION INCLUDE:
(I) THE COST OF PRELIMINARY AND OTHER
ENGINEERING OF THE PROJECT;
(II) THE CONSIDERATION, INCLUDING
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