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1634
LAWS OF MARYLAND
Ch. 469
related to test borings and soil studies
BY adding to
Article - Real Property
Section 12-lll(f)
Annotated Code of Maryland
(1974 Volume and 1977 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article - Real Property
12-111.
(F) IN ANNE ARUNDEL COUNTY, AN AGENT OR EMPLOYEE, OR
ONE OR MORE ASSISTANTS OF THE COUNTY, AFTER REAL AND BONA
FIDE EFFORT TO NOTIFY THE OCCUPANT OR THE OWNER, IF THE LAND
IS UNOCCUPIED OR IF THE OCCUPANT IS NOT THE OWNER, MAY ENTER
ON ANY PRIVATE LAND TO MAKE TEST BORINGS AND SOIL TESTS AND
OBTAIN INFORMATION RELATED TO SUCH TESTS FOR THE PURPOSE OF
DETERMINING THE POSSIBILITY OF PUBLIC USE OF THE PROPERTY.
IF AN AGENT, EMPLOYEE, OR ASSISTANT IS REFUSED PERMISSION TO
ENTER OR REMAIN ON ANY PRIVATE LAND FOR THE PURPOSES SET OUT
IN THIS SUBSECTION, ANNE ARUNDEL COUNTY MAY APPLY TO A LAW
COURT OF THE COUNTY WHERE THE PROPERTY OR ANY PART OF IT IS
LOCATED FOR AN ORDER DIRECTING THAT ITS AGENT, EMPLOYEE, OR
ASSISTANT BE PERMITTED 10 ENTER AND REMAIN ON THE LAND TO
THE EXTENT NECESSARY TO CARRY OUT THE PURPOSES AUTHORIZED BY
THIS SUBSECTION. THE COURT MAY REQUIRE THAT ANNE ARUNDEL
COUNTY POST A BOND IN AN AMOUNT SUFFICIENT TO REIMBURSE ANY
PERSON FOR DAMAGES REASONABLY ESTIMATED TO BE CAUSED BY TEST
BORINGS, SOIL TESTS, AND RELATED ACTIVITIES. IF ANY PERSON
ENTERS ON ANY PRIVATE LAND UNDER THE AUTHORITY OF THIS
SECTION OR OF ANY COURT ORDER PASSED PURSUANT TO IT AND
DAMAGES OR DESTROYS ANY LAND OR PERSONAL PROPERTY ON IT, THE
OWNER OF THE PROPERTY HAS A CAUSE OF ACTION FOR DAMAGES
AGAINST ANNE ARUNDEL COUNTY. ANY PERSON WHO KNOWS OF AN
ORDER ISSUED UNDER THIS SUBSECTION AND WHO OBSTRUCTS ANY
AGENT, EMPLOYEE OR ANY ASSISTANT ACTING UNDER THE AUTHORITY
OF THE ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.
Approved May 16, 1978.
CHAPTER 470
(Senate Bill 518)
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