BLAIR LEE III, Acting Governor

1715

(3) "PROPERTY" MEANS REAL PROPERTY IN FEE
SIMPLE OR ANY LESSER RIGHTS, INTEREST OR ESTATES THAT ARE
NECESSARY FOR EITHER THE INTRASTATE OR INTERSTATE PURPOSES
OF THE OIL PIPELINE CORPORATION OR BOTH, AND INCLUDES;

(I)     ANY PRIVATELY OWNED PROPERTY,

(II)   PROPERTY OWNED BY ANY PUBLIC BODY,
AND

(III)  PROPERTY DEVOTED TO ANY PUBLIC USE IF
THE ACQUISITION DOES NOT MATERIALLY INTERFERE WITH THAT
PUBLIC USE.

(B)    AN OIL PIPELINE CORPORATION WHICH IS OPERATING
EXISTING OIL PIPELINES IN THIS STATE MAY ACQUIRE BY EMINENT

DOMAIN ANY PROPERTY WITHIN ITS EXISTING RIGHTS OF WAY

NECESSARY FOR THE CONSTRUCTION AND OPERATION OF ADDITIONAL
OIL PIPELINES AND APPURTENANCES ALONG, ON, ADJACENT TO, OR
INCIDENTALLY DEVIATING , BUT NOT MORE THAN 50 FEET, FROM
THOSE ROUTES FOLLOWED WITHIN ITS EXISTING THESE ITS EXISTING
RIGHTS OF WAY.

(C)    ANY ACQUISITION UNDER THIS SECTION SHALL BE IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 12 OF THE REAL
PROPERTY ARTICLE OF THE CODE.

(D)    THE EXERCISE OF THE   AUTHORIZATION IN THIS SECTION
IS LIMITED TO ANNE ARUNDEL, BALTIMORE, CARROLL, CECIL,
HARFORD, HOWARD, MONTGOMERY, AND PRINCE GEORGE'S COUNTIES
AND BALTIMORE CITY.

(E) ANY PROPERTY USED FOR CONSTRUCTION OS MAINTENANCE
OF ANY PIPELINE SHALL BE RESTORED TO ITS ORIGINAL CONDITION

BY THE OIL PIPELINE CORPORATION AND SUCH CONSTRUCTION OR

MAINTENANCE AND THE RESTORATION SHALL BE COMPLETED WITHIN 7

DAYS AFTER ITS COMMENCEMENT WITH RESPECT TO THAT PARCEL OF

PROPERTY. HOWEVER, IF WEATHER CONDITIONS OR THE NATURE OF

THE TERRAIN THROUGH WHICH THE PIPELINE GOES MAKE UNFEASIBLE

COMPLETION OF SUCH CONSTRUCTION, OR MAINTENANCE AND

RESTORATION WITHIN 7 DAYS, THEN THE OIL PIPELINE CORPORATION
SHALL HAVE 30 DAYS.

(E) (F) OTHER THAN FOR ACQUISITIONS UNDER

SUBSECTION (B) OF THIS SECTION, THE RIGHT TO ACQUIRE ANY

PROPERTY UNDER THIS SECTION MAY NOT BE EXERCISED UNLESS THE
OIL PIPELINE CORPORATION, WHETHER OR NOT IT IS OTHERWISE
SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION
OF MARYLAND, FIRST OBTAINS AN ORDER FROM THE PUBLIC SERVICE
COMMISSION AFTER A PUBLIC HEARING WITH WRITTEN NOTICE TO ALL

AFFECTED PROPERTY OWNERS FINDING THE ACQUISITION TO BE IN

THE PUBLIC INTEREST, AND THE PUBLIC SERVICE COMMISSION IS
AUTHORIZED TO MAKE A FINDING AND ISSUE AN ORDER.

(F) (G) THE PROVISIONS OF THIS SECTION MAY NOT BE
CONSTRUED AS IN ANY WAY AFFECTING ANY LAW OF THIS STATE
WHICH IS APPLICABLE GENERALLY OR SPECIFICALLY TO OIL