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377
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MARVIN MANDEL, Governor
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THE PROPERTY VALUE, AND THE AMOUNT DUE FOR THE UNPAID
ASSESSMENT SHALL BE PAID BY THE ADMINISTRATION TO THE
SPECIAL TAX DISTRICT. IF IT DOES NOT DO SO, THE
ADMINISTRATION SHALL PROVIDE FOR THE PAYMENT OF THE
UNPAID ASSESSMENT AS REQUIRED BY SUBSECTION (B) OF THIS
SECTION.
(3) IF THE SPECIAL TAX DISTRICT IS A PARTY TO
THE CONDEMNATION PROCEEDING, THE JURY SHALL MAKE:
(I) AN AWARD IN FAVOR OF THE SPECIAL TAX
DISTRICT FOR THE UNPAID AMOUNT OF THE ASSESSMENT; AND
(II) A SEPARATE AWARD IN FAVOR OF THE
PROPERTY OWNER FOR THE VALUE OF THE PROPERTY, LESS THE
UNPAID AMOUNT OF THE ASSESSMENT.
REVISOR'S NOTE: This section presently appears as
Art. 89B, §225.
The last sentence of subsection (c)(2) of this
section is new language added to provide for
payment or property taxes in situations where
the special tax district is not a party to the
proceeding and the jury does not elect to
consider the unpaid assessment in determining
the amount of damages.
The only other changes are in style.
The General Assembly might consider that, as
an alternative to the provisions of subsection
(c)(2) of this section, the section could be
revised to require the jury to consider the
amount of any assessment if the district is
not a party.
The General Assembly might also note that, as
presently written, this section could cause an
undue hardship on this State if, as to a large
tract of land subject to a high assessment,
only a small part of the tract is condemned.
Perhaps the section should be revised so that
only that part of an assessment attributable
to the parcel being acquired must be paid by
the State.
8-308. PRIVATE USE OF ACQUIRED LAND.
(A) RIGHT OF TRANSFEROR TO CONTINUE USE.
ANY LAND ACQUIRED UNDER THIS SUBTITLE MAY BE USED
BY THE TRANSFEROR OF THE LAND IN COMMON WITH THE
ADMINISTRATION UNTIL HIGHWAY CONSTRUCTION ON THE LAND
ACTUALLY BEGINS.
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(B) LIMITATIONS ON USE.
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