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374 LAWS OF MARYLAND Ch. 13
CONSEQUENTIAL DAMAGES, PAID TO PROPERTY OWNERS IN
ACQUIRING THE PROPERTY; AND
(III) THE COST OF APPRAISALS, LEGAL SERVICES,
COURT COSTS, RECORDING FEES, AND OTHER RELATED AND
NECESSARY SERVICES INCURRED IN ACQUIRING THE PROPERTY,
(C) LIMIT ON EXPENDITURES.
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBSECTION, THE ADMINISTRATION MAY SPEND NOT MORE THAN
$5-MILLION FROM THE RIGHT-OF-WAY REVOLVING FUND IN ANY
FISCAL YEAR.
(2) IF THE ADMINISTRATION SPENDS LESS THAN
$5-MILLION FROM THE FUND IN ANY ONE FISCAL YEAR, THE
BALANCE MAY BE SPENT IN ANY OTHER FISCAL YEAR FOR ANY
PURPOSE PERMITTED BY THIS SECTION.
(D) REIMBURSEMENT OF FUND.
(1) WHEN A CONTRACT IS AWARDED FOR ANY
PROJECT FOR WHICH PROPERTY WAS PURCHASED FROM THE
RIGHT-OF-WAY REVOLVING FUND, THE FUND SHALL BE REIMBURSED
OR CREDITED AS PROVIDED IN THIS SUBSECTION.
(2) IF THE PROPERTY WAS ACQUIRED FOR A STATE
POLICE POST SITE, THE MARYLAND STATE POLICE SHALL
REIMBURSE THE FUND FOR THE MONEY SPENT, INCLUDING
INTEREST FROM THE DATE OF ACQUISITION TO THE DATE OF
REPAYMENT AT THE RATE PAID BY THE ADMINISTRATION FOR THE
MONEY.
(3) IF THE PROPERTY WAS ACQUIRED FOR A
HIGHWAY PROJECT, THE ADMINISTRATION SHALL CHARGE THE
ENTIRE COST OF ACQUIRING THE PROPERTY AGAINST THE
CONTRACT AND CREDIT THAT AMOUNT TO THE FUND.
(E) DESIGNATION OF FUND.
THE RIGHT-OF-WAY REVOLVING FUND SHALL BE DESIGNATED
SPECIALLY ON THE BOOKS OF THE DEPARTMENT.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 89B,
§211Q.
Subsection (a) of this section is revised to
clarify that the Fund is "in the
Transportation Trust Fund".
Throughout this section, present references to
the acquisition of "rights-of-way" are revised
to refer to the acquisition of "property".
Although the term "right—of-way", as used
here, has come to mean "property", including a
fee simple interest, the term arguably could
be construed to include only easements.
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