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Ch. 13
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LAWS OF MARYLAND
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382
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(B) MANNER OF ACQUISITION.
UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS PART,
PROPERTY ACQUIRED FOR ANY PURPOSE SPECIFIED IN THIS PART
MAY BE ACQUIRED BY ANY OF THE MEANS AUTHORIZED BY §8-302
OF THIS SUBTITLE.
REVISOR'S NOTE: Subsection (a) of this section is
new language added to clarify expressly that
the purposes specified in this part are not
necessarily exclusive. See, e.g., §8-302 (a)
of this subtitle: "for any public purpose that
{the Administration} considers necessary or
desirable...."
Subsection (b) of this section is added to
avoid unnecessary repetition in this part of
the various means of acquisitions permitted.
It also avoids problems such as that noted in
the revisor's note to §8—313 of this subtitle
as to §8-313 (b).
8-313. ACQUISITION OF LAND TO PROTECT HIGHWAYS.
(A) PURPOSES OF ACQUISITION.
(1) ANY LAND MAY BE ACQUIRED UNDER THIS
SUBTITLE FOR ANY STATE HIGHWAY CONSTRUCTION PURPOSE.
(2) ANY LAND ALONG OR NEAR ANY STATE HIGHWAY
MAY BE ACQUIRED UNDER THIS SUBTITLE:
(I) TO PROTECT THE HIGHWAY OR ANY SCENERY
ALONG OR NEAR IT;
(II) FOR LANDSCAPING THE HIGHWAY;
(III) TO PROVIDE PARKING AND SERVICE AREAS
ALONG THE HIGHWAY; OR
(IV) FOR ANY SIMILAR PURPOSE.
(B) LIMITATION ON MANNER OF ACQUISITION.
LAND MAY NOT BE ACQUIRED UNDER THIS SECTION BY
CONDEMNATION UNLESS THE ADMINISTRATION DETERMINES THAT
THE LAND IS NEEDED FOR IMMEDIATE OR PROPOSED
CONSTRUCTION OF A STATE HIGHWAY OR A RELATED PARKING OR
SERVICE AREA. HOWEVER, LAND MAY BE ACQUIRED FOR A
RELATED PARKING OR SERVICE AREA ONLY IF IT IS ADJACENT
TO A CONTROLLED ACCESS HIGHWAY.
(C) PROHIBITED USES.
(1) A MOTEL, RESTAURANT, OR GASOLINE OR
AUTOMOBILE SERVICE STATION MAY NOT BE OPERATED OR
PERMITTED BY THE ADMINISTRATION OR BY ANY OTHER AGENCY
OR POLITICAL SUBDIVISION OF THIS STATE ON ANY HIGHWAY
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