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391
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MARVIN MANDEL, Governor
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ALLOWED IN THE SUBSEQUENT CONDEMNATION PROCEEDINGS.
(C) EFFECT OF PAYMENT.
A PAYMENT MADE UNDER THIS SECTION DOES NOT LIMIT IN
ANY WAY THE AMOUNT OF THE FINAL AWARD THAT MAY BE ALLOWED
IN THE SUBSEQUENT CONDEMNATION PROCEEDINGS.
REVISOR'S NOTE: This section presently appears as
the second sentence of the first paragraph of
Art. 89B, §14 and, except for those
provisions requiring further payment by the
Commission and specifying the interest rate on
the final award (see, §8-331 of this
subtitle), the second paragraph of present
§14.
In subsection (a) of this section, present
reference to estimated "fair market value" is
changed to "fair value" and a reference to
"fair compensation...for...damage resulting to
the remaining property" is added to conform
with other provisions of present Art. 89B, as
contained in this subtitle. (See, e.g.,
§8-302(c) of this subtitle.)
The present authorization for the Commission
to make payments "from any funds in its
possession or under its control" is deleted as
obsolete in light of the provisions of Title 3
of this article on the Transportation Trust
Fund.
The only other changes are in style.
8-324. ENTRY ON PROPERTY.
(A) POSSESSION OF PROPERTY.
EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, AFTER THE PETITION IS FILED AND PAYMENT IS MADE
UNDER §8-323 OF THIS SUBTITLE:
(1) THE COMMISSION MAY TAKE POSSESSION OF THE
PROPERTY TO BE ACQUIRED, AS SHOWN ON THE RECORDED PLATS;
(2) THE ADMINISTRATION MAY PROCEED WITH
CONSTRUCTION WITHOUT INTERFERENCE BY THE OWNER; AND
(3) WITH THE PERMISSION OF THE ADMINISTRATION
AND UNDER ITS SUPERVISION, ANY PUBLIC OR PRIVATE UTILITY
MAY INSTALL ITS FACILITIES ON ANY LAND BEING ACQUIRED BY
THE COMMISSION IN FEE SIMPLE.
(B) EXCEPTION.
UNLESS THE OWNER AGREES OTHERWISE, IF A DWELLING OR
PLACE OF BUSINESS IS TAKEN, THE RESIDENT OR OCCUPANT NEED
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