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40 LAWS OF MARYLAND Ch. 13
absence of any clear indication of legislative
intent to the contrary, this ambiguity is
resolved in favor of the former
interpretation.
It is unclear whether Ch. 687, Acts of 19 74,
which amended present §22A to change
references to "the State Roads Commission" to
"the Department", was intended to grant to the
Department itself, as opposed to its various
units, condemnation powers, or whether it
merely authorizes use of retirement system
funds for acquisitions of property by the
various units of the Department, even if the
acquisition was by condemnation.
Interestingly, this section has never been
used since its enactment in 1967 and, in the
opinion of the Administration and the
retirement systems, is not likely to be used
in the foreseeable future. The General
Assembly may wish to consider this section for
repeal as obsolete.
2-105. ACQUISITION OF RAILROAD CORRIDOR PROPERTY.
(A) POWER OF SECRETARY TO ACQUIRE.
(1) WITH THE APPROVAL OF THE BOARD OF PUBLIC
WORKS, THE SECRETARY MAY ACQUIRE ON BEHALF OF THIS STATE,
BY GIFT, PURCHASE, LEASE, CONDEMNATION, OR OTHERWISE,
FOR ANY TRANSPORTATION RELATED PURPOSE, ANY RAILROAD
CORRIDOR PROPERTY OVER WHICH TRANSPORTATION HAS BEEN
PROVIDED AND ABANDONMENT HAS BEEN APPROVED BY THE
INTERSTATE COMMERCE COMMISSION OR OTHER GOVERNING AGENCY
WITH JURISDICTION IN THE MATTER.
(2) ANY CONDEMNATION PROCEEDINGS UNDER THIS
SECTION SHALL BE INSTITUTED AND MAINTAINED IN THE NAME OF
THIS STATE AND ARE GOVERNED BY TITLE 12 OF THE REAL
PROPERTY ARTICLE.
(B) RAILROAD COMPANY TO NOTIFY SECRETARY OF INTENT
TO DISPOSE OF PROPERTY.
IF A RAILROAD COMPANY INTENDS TO SELL OR OTHERWISE
DISPOSE OF ANY RAILROAD CORRIDOR PROPERTY THAT IS LOCATED
IN THIS STATE AND FOR WHICH THE COMPANY HAS RECEIVED
PERMISSION FROM THE INTERSTATE COMMERCE COMMISSION OR
OTHER GOVERNMENTAL AGENCY WITH JURISDICTION IN THE
MATTER TO ABANDON TRANSPORTATION SERVICES, THE COMPANY
SHALL NOTIFY THE SECRETARY OF ITS INTENT TO SELL OR
OTHERWISE DISPOSE OF THE PROPERTY.
(C) SECRETARY TO RESPOND TO NOTICE.
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WITHIN 60 DAYS AFTER THE SECRETARY RECEIVES A
NOTICE UNDER SUBSECTION (B) OF THIS SECTION, THE
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