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MARVIN MANDEL, Governor 383
OR RELATED PARKING OR SERVICE AREA THE LAND FOR WHICH WAS
ACQUIRED UNDER THIS SUBTITLE.
(2) THIS SUBSECTION DOES NOT APPLY TO ANY
TOLL HIGHWAY.
(D) INTEREST THAT MAY BE ACQUIRED.
THE INTERESTS IN LAND THAT MAY BE ACQUIRED UNDER
THIS SECTION INCLUDE EASEMENTS RESTRICTING OR SUBJECTING
TO ADMINISTRATIVE REGULATION THE RIGHT OF THE OWNER OR
OTHER PERSONS TO:
(1) ERECT BUILDINGS OR OTHER STRUCTURES;
(2) CONSTRUCT A PRIVATE DRIVE OR ROAD;
(3) REMOVE OR DESTROY SHRUBBERY OR TREES;
(4) PLACE TRASH OR UNSIGHTLY OR OFFENSIVE
MATERIAL ON THE LAND; OR
(5) DISPLAY SIGNS, BILLBOARDS, OR
ADVERTISEMENTS ON THE LAND.
(E) INSTRUMENT OF CONVEYANCE.
IF ANY LAND IS ACQUIRED UNDER THIS SECTION, THE
INSTRUMENT CONVEYING THE LAND SHALL SET FORTH CLEARLY
THE SPECIFIC RESTRICTIONS OR OTHER INTERESTS ACQUIRED.
THESE RESTRICTIONS SHALL RUN WITH THE LAND TO WHICH THEY
APPLY AND BIND ALL SUBSEQUENT HOLDERS, EXCEPT AS THE
INSTRUMENT OTHERWISE EXPRESSLY PROVIDES.
REVISOR'S NOTE: This section presently appears as
Art. 89B, §8. Subsection (a)(2)(ii) of this
section is new language derived from Art. 89B,
9213 (b).
As to subsection (b) of this section, the
present language — "shall not have the right
to acquire such property other than by
purchase or gift" — literally is more limited
than was the apparent intent; for example, it
would not appear to cover an acquisition by
lease. However, in context it is clear that
the quoted language was intended to do nothing
more than to preclude acquisition by
condemnation. This interpretation is
supported,, for example, by the last sentence
of Art. 89B, §8A(a), which clearly equates the
phrase "other than by purchase or gift", as
used in the first clause of that sentence,
with the term "condemnation", as referred to
in the clause next following.
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Subsection (c) (2) of this section is corrected
to clarify its applicability only to
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