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Session Laws, 1977
Volume 735, Page 417   View pdf image
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MARVIN MANDEL, Governor                                 417
The present statement that, for purposes of
this section, the Administration "may exercise
any of the powers conferred upon it by this
article or elsewhere" is deleted as an
unnecessary statement of the obvious (cf.,
e.g., §8-204 (i) of this title). The last sentence of present §74, which
confirms the authority of the Administration
to require a railroad to contribute its
"statutory apportionment" of the costs of
railroad grade crossing improvements, is
deleted as unnecessary; as to this
apportionment, see Subtitle 6, Part VIII of
this title. 8-506. PAYMENT FOR RELOCATION OF PUBLICLY OWNED UTILITY
FACILITIES. (A) DEFINITIONS. (1)    IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED. (2)   "PUBLICLY OWNED UTILITY" MEANS A UTILITY
OWNED OR OPERATED BY A POLITICAL SUBDIVISION OF THIS
STATE OR BY A PUBLIC AGENCY CREATED UNDER THE LAWS OF
THIS STATE. (3)     "RELOCATE" INCLUDES REALIGN, RAISE,
LOWER, REBUILD, OR REMOVE. (6) WHEN PAYMENT REQUIRED. (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF
THIS SUBSECTION, IF, AS A RESULT OF THE CONSTRUCTION,
RECONSTRUCTION, OR IMPROVEMENT OF AN INTERSTATE HIGHWAY,
IT IS NECESSARY TO RELOCATE ANY FACILITY OF A PUBLICLY
OWNED UTILITY, THE ADMINISTRATION SHALL PAY TO THE OWNER
OF THE FACILITY, WITHOUT REGARD TO THE GOVERNMENTAL
FUNCTION OF THE UTILITY, THE COST TO THE UTILITY OF THE
RELOCATION, LESS ANY INCREASE IN THE VALUE OF THE NEW
FACILITY AND THE SALVAGE VALUE OF THE OLD FACILITY. (2) THE ADMINISTRATION IS REQUIRED TO MAKE
THIS PAYMENT FOR RELOCATION ONLY: (I)    IF FEDERAL FUNDS ARE AVAILABLE TO THIS
STATE UNDER §§ 108(E) AND 111 OF THE FEDERAL-AID HIGHWAY
ACT OF 1956 FOR REIMBURSEMENT OF ALL OR PART OF THE
PAYMENT; AND (II)    IF THE PAYMENT OTHERWISE WOULD BE
REQUIRED FOR RELOCATION OF A FACILITY OF A NONPUBLICLY
OWNED UTILITY.
(C) EFFECT OF ADMINISTRATION REGULATIONS AND


 
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Session Laws, 1977
Volume 735, Page 417   View pdf image
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