|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 13
|
|
|
|
|
570
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
THE PERFORMANCE OF A GOVERNMENTAL FUNCTION, THE
EXCLUSIVE REMEDY FOR SUCH BREACH OF CONTRACTS AND TORTS
FOR WHICH THE AUTHORITY SHALL BE LIABLE, AS HEREIN
PROVIDED, SHALL BE BY SUIT AGAINST THE AUTHORITY.
NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED AS A
WAIVES BY THE DISTRICT OF COLUMBIA, MARYLAND, VIRGINIA
AND THE COUNTIES AND CITIES WITHIN THE ZONE OF ANY
IMMUNITY FROM SUIT.
81. JURISDICTION OF COURTS.
THE UNITED STATES DISTRICT COURTS SHALL HAVE
ORIGINAL JURISDICTION, CONCURRENT WITH THE COURTS OF
MARYLAND AND VIRGINIA, OF ALL ACTIONS BROUGHT BY OR
AGAINST THE AUTHORITY AND TO ENFORCE SUBPOENAS ISSUED
UNDER THIS TITLE. ANY SUCH ACTION INITIATED IN A STATE
COURT SHALL BE REMOVABLE TO THE APPROPRIATE UNITED STATES
DISTRICT COURT IN THE MANNER PROVIDED BY ACT OF JUNE 25,
1948, AS AMENDED (28 U.S.C. 1446).
82. CONDEMNATION.
(A) THE AUTHORITY SHALL HAVE THE POWER TO ACQUIRE
BY CONDEMNATION, WHENEVER IN ITS OPINION IT IS NECESSARY
OR ADVANTAGEOUS TO THE AUTHORITY TO DO SO, ANY REAL OR
PERSONAL PROPERTY, OR ANY INTEREST THEREIN, NECESSARY OR
USEFUL FOR THE TRANSIT SYSTEM AUTHORIZED HEREIN, EXCEPT
PROPERTY OWNED BY THE UNITED STATES, BY A SIGNATORY, OR
ANY POLITICAL SUBDIVISION THEREOF, WHENEVER SUCH PROPERTY
CANNOT BE ACQUIRED BY NEGOTIATED PURCHASE AT A PRICE
SATISFACTORY TO THE AUTHORITY.
(B) PROCEEDINGS FOR THE CONDEMNATION OF PROPERTY IN
THE DISTRICT OF COLUMBIA SHALL BE INSTITUTED AND
MAINTAINED UNDER THE ACT OF DECEMBER 23, 1963 (77 STAT.
577-581, D.C. CODE 1961, SUPP. IV, §§ 1351-1368).
PROCEEDINGS FOR THE CONDEMNATION OF PROPERTY LOCATED
ELSEWHERE WITHIN THE ZONE SHALL BE INSTITUTED AND
MAINTAINED, IF APPLICABLE, PURSUANT TO THE PROVISIONS OF
THE ACT OF AUGUST 1, 1888, AS AMENDED (25 STAT. 357, 40
U.S.C. 257) AND THE ACT OF JUNE 25, 1948 (62 STAT. 935
AND 937, 28 U.S.C. 1358 AND 1403) OR ANY OTHER APPLICABLE
ACT; PROVIDED, HOWEVER, THAT IF THERE IS NO APPLICABLE
FEDERAL LAW, CONDEMNATION PROCEEDINGS SHALL BE IN
ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW OF THE
SIGNATORY IN WHICH THE PROPERTY IS LOCATED GOVERNING
CONDEMNATION BY THE HIGHWAY AGENCY OF SUCH STATE.
WHENEVER THE WORDS "REAL PROPERTY," "REALTY," "LAND,"
"EASEMENT," "RIGHT-OF-WAY," OR WORDS OF SIMILAR MEANING
ARE USED IN ANY APPLICABLE FEDERAL OR STATE LAW RELATING
TO PROCEDURE, JURISDICTION AND VENUE, THEY SHALL BE
DEEMED, FOR THE PURPOSES OF THIS TITLE, TO INCLUDE ANY
PERSONAL PROPERTY AUTHORIZED TO BE ACQUIRED HEREUNDER.
(C) ANY AWARD OR COMPENSATION FOR THE TAKING OF
PROPERTY PURSUANT TO THIS TITLE SHALL BE PAID BY THE
AUTHORITY, AND NONE OF THE SIGNATORY PARTIES NOR ANY
OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
