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Ch. 13
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444
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LAWS OF MARYLAND
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obsolete, and the present reference to the
power of the Administration to relocate
highways by "changing the lines, width,.
direction or location of such highway" is
deleted as unnecessary in light of §8-204 of
this title. The provisions of present §52
that limit the power of the Administration to
repair only grade separations constructed
"prior to the year 1927" are deleted as
inconsistent with §8-601 of this subtitle.
The present reference to the inapplicability
of present §52 to "city street or suburban
electric" railroads is deleted as obsolete.
8-641. COSTS OF RELOCATION ASSISTANCE; DAMAGE TO ADJACENT
PROPERTY.
(A) COSTS OF RELOCATION ASSISTANCE.
THE ADMINISTRATION SHALL PAY THE COSTS OF RELOCATION
ASSISTANCE TO ANY PUBLIC OR PRIVATE UTILITY WHOSE
FACILITIES ARE ALTERED OR RELOCATED BECAUSE OF A RAILROAD
GRADE CROSSING OR RAILROAD GRACE SEPARATION PROJECT. THE
PLANS FOR THE ALTERATION OR RELOCATION SHALL BE APPROVED
BY THE UTILITY.
(B) DAMAGE TO ADJACENT PROPERTY.
IF THE OWNER OF LAND ADJACENT TO ANY STATE HIGHWAY
SUFFERS DAMAGES AS THE RESULT OF THE ELIMINATION OF A
RAILROAD GRADE CROSSING OR RAILROAD GRADE SEPARATION FROM
THAT HIGHWAY, THE OWNER MAY SUE THE ADMINISTRATION AND
THE RAILROAD FOR THESE DAMAGES.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 89B, §§
54, 55, and 56.
In subsection (a) of this section, the
reference in present §56 to the opportunity
for a hearing is deleted as unnecessary in
light of the general hearing provisions of
§8-639 of this subtitle.
In subsection (b) of this section, the
reference in present §54 to the limited
retroactivity of its provisions is deleted as
obsolete, and the present statement that
damages paid are part of the cost of the
project is deleted as unnecessary. The cost
apportionment provisions of present §§ 54 and
59, which provided for payment by the railroad
of one—half of the damages suffered by an
adjacent property owner, are deleted as in
conflict with present §§ 53 and 61, now §8-642
of this subtitle. As originally enacted by
Ch. 539, Acts of 1931, those sections also
provided for payment of one-half of these
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