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Ch. 13
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378
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LAWS OF MARYLAND
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THIS SECTION DOES NOT PREVENT THE ADMINISTRATION,
IN ITS DISCRETION, FROM REMOVING ANY BUILDING OR
STRUCTURE FROM THE LAND. IN ADDITION, THE TRANSFEROR
MAY NOT CONSTRUCT ANY BUILDING OR OTHER STRUCTURE ON THE
LAND OR USE THE LAND IN ANY WAY THAT WILL RESULT IN THE
PAYMENT OF ANY ADDITIONAL MONEY OR DAMAGES FOR THE LAND.
REVISOR'S NOTE: This section presently appears as
the first two sentences of Art. 89B, §208.
Present §208 is limited, in its language, to
land acquired "under this act" (i.e., Ch. 542,
Acts of 1957). The other provisions of that
Act subsequently were repealed by Ch. 448,
Acts of 1968, which enacted the Right—of—Way
Revolving Fund provisions that now appear in
§8-305 of this subtitle. It is assumed that
the legislature, by not repealing this
particular provision, intended it to stand on
its own and to apply to all acquisitions of
property "under this subtitle". This section
is revised accordingly. Although present §208
is codified in the midst of provisions
relating to State Highway Construction
Bonds—Second Issue, it does not appear to be
related to those provisions.
The only other changes are in style.
The last sentence of present §208, which
relates to the right of a transferor to
reacquire property if a project is abandoned,
now appears in §8—309(b)(2) of this subtitle.
8-309. SALE OF LAND NOT NEEDED FOR PUBLIC PURPOSES.
(A) PURPOSE OF SECTION.
THE PURPOSE OF THIS SECTION IS TO RETURN UNNEEDED
LAND TO THE TAX ROLLS OF THE COUNTIES AND TO MAKE THIS
LAND AVAILABLE FOR USE BY PRIVATE ENTERPRISE.
(B) GENERAL REQUIREMENT FOR DISPOSITION OF LAND.
(1) NOTWITHSTANDING ANY OTHER STATUTE TO THE
CONTRARY, IF LAND ACQUIRED UNDER THIS SUBTITLE IS NOT
NEEDED FOR PRESENT OR FUTURE HIGHWAY OR OTHER PUBLIC
PURPOSES, THE ADMINISTRATION SHALL DISPOSE OF THE LAND AS
SOON AS PRACTICABLE AFTER THE COMPLETION OR ABANDONMENT
OF THE PROJECT FOR WHICH THE LAND WAS ACQUIRED.
(2) IF THE LAND IS FROM A PROJECT THAT WAS
ABANDONED, THE PERSON FROM WHOM THE LAND WAS ACQUIRED OR
THE SUCCESSOR IN INTEREST OF THAT PERSON HAS THE FIRST
RIGHT TO REACQUIRE THE LAND, ON PAYMENT OF AN AMOUNT
EQUAL TO THE CONSIDERATION THAT THE ADMINISTRATION OR
COMMISSION ORIGINALLY PAID FOR THE LAND. IF THIS RIGHT
IS NOT EXERCISED, THE LAND SHALL BE DISPOSED OF UNDER
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![clear space](../../../images/clear.gif) |