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395
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MARVIN MANDEL, Governor
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of Appeals over the Judiciary.
8-328. PERFORMANCE OF DUTIES OF BOARD.
(A) POWER AND DUTIES OF BOARD.
EACH BOARD OF PROPERTY REVIEW:
(1) SHALL HEAR PROMPTLY ALL CASES CERTIFIED
TO IT BY THE COMMISSION;
(2) SHALL DETERMINE THE TOTAL AMOUNT OF THE
AWARD TO HE PAID BY THE COMMISSION; AND
(3) MAY DETERMINE THE PORTION OF AN AWARD TO
BE PAID TO PERSONS, OTHER THAN THE FEE OWNER, WHO HAVE AN
INTEREST IN THE PROPERTY.
(B) HEARING OF CASES.
UNLESS ALL PARTIES IN A CASE CERTIFIED TO A BOARD
AGREE OTHERWISE, THE FULL BOARD SHALL HEAR AND DECIDE THE
CASE. IF A MEMBER OF THE BOARD IS ABSENT OR
DISQUALIFIED FROM HEARING OR DECIDING ANY CASE, THE
JUDGES OF THE JUDICIAL CIRCUIT SHALL DESIGNATE ANOTHER
PERSON WITH QUALIFICATIONS SIMILAR TO THOSE OF THE ABSENT
OR DISQUALIFIES MEMBER TO SERVE IN HIS PLACE.
(C) DATE FAIR VALUE DETERMINED.
THE BOARD SHALL DETERMINE THE FAIR VALUE OF THE
PROPERTY TO BE ACQUIRED AS OF THE DATE PAYMENT IS MADE
UNDER §8-323 OF THIS SUBTITLE.
REVISOR'S NOTE: This section is new language derived
from Art. 89B, §17(c), (d), and (f).
In subsection (c) of this section, the present
requirement that the value of the property be
determined as of the date "of the filing of
the plats" is revised to refer to the date
payment is made under §8-323 of this subtitle.
This formula conforms with that of present
Art. 89B, §15, now §8-325 of this subtitle,
and promotes consistency and clarity.
Although, theoretically, the plats could be
filed before the payment is made, in practice
they are filed simultaneously; therefore,
practically speaking, no substantive change is
made by this revision.
8-329. APPEALS FROM BOARD.
IF ANY PARTY IS DISSATISFIED WITH THE FINDINGS OR
AWARD OF A BOARD OF PROPERTY REVIEW, THE CASE MAY BE
APPEALED TO THE COURT. ON APPEAL, THE COURT SHALL HEAR
AND DETERMINE THE CASE DE NOVO, AS PROVIDED BY LAW AND
THE MARYLAND RULES.
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