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Ch. 13
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LAWS OF MARYLAND
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396
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REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
second sentences of Art. 89B, §18.
An express reference is added to indicate, as
provided in the Maryland Rules, that an appeal
under this section is to be heard de novo.
8-330. ALTERNATE DATE OF VALUATION.
IF, WITHIN 1 YEAR AFTER PAYMENT IS MADE UNDER §8-323
OF THIS SUBTITLE, THE COMMISSION FAILS TO ASCERTAIN THE
ENTIRE AMOUNT TO BE PAID FOR THE PROPERTY AND ACQUIRE
TITLE TO IT BY DEED OR CONDEMNATION OR, WITHIN THAT SAME
1-YEAR PERIOD, FAILS TO FILE TIMELY A PETITION FOR
CONDEMNATION AS REQUIRED BY THE MARYLAND RULES, THEN THE
FAIR VALUE OF THE PROPERTY SHALL BE THE GREATER OF THE
VALUES DETERMINED AS OF:
(1) THE DATE THE TITLE TO THE PROPERTY IS
ACQUIRED; AND
(2) THE DATE THE PAYMENT WAS MADE UNDER
§8-323 OF THIS SUBTITLE.
REVISOR'S NOTE: This section is new language derived
from the last sentence of Art. 89B, §18. It
is revised to conform with the interpretation
of the present section by the Court of Appeals
in State Roads Commission v. Pumphrey, 260
Md. 633 (1970), and State Roads Commission v.
Orleans, 239 Md. 368 (1965).
Item (2) of this section is new language
substituted for the present reference to "the
date the plats...were recorded"; in this
regard, see revisor's note to §8-238.
This section apparently is an exception to the
general rule that the value of property is
determined as of the date of the taking or the
date of the trial, whichever is earlier. See
§12—103 of the Real Property Article.
8-331. PAYMENT OF FINAL AWARD.
AT THE CONCLUSION OF ALL PROCEEDINGS, THE COMMISSION
SHALL PAY TO THE PROPERTY OWNER:
(1) ANY EXCESS OF THE FINAL AWARD OVER THE AMOUNT
PAID UNDER §8-323 OF THIS SUBTITLE; AND
(2) INTEREST ON THE EXCESS FROM THE DATE OF PAYMENT
UNDER §8-323 OF THIS SUBTITLE AT THE RATE OF 6 PERCENT A
YEAR.
REVISOR'S NOTE: This section is new language derived
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