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Session Laws, 1980
Volume 739, Page 1567   View pdf image
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HARRY HUGHES, Governor

1567

(B)  AFTER A PETITION FOR CONDEMNATION HAS BEEN FILED
IN ACCORDANCE WITH RULE U6 OF THE MARYLAND RULES OF
PROCEDURE, THE COURT MAY GRANT AN EX PARTE INJUNCTION
PROHIBITING ANY CHANGE, OR IMPROVEMENT TO THE PROPERTY.
PERSONS ADVERSELY AFFECTED BY THE ISSUANCE OF THE EX PARTE
INJUNCTION SHALL BE GRANTED A SPEEDY HEARING, BUT THE
INJUNCTION SHALL CONTINUE UNLESS THE DEFENDANTS CAN SHOW
THAT THE PROPOSED CHANGE, OR IMPROVEMENT WILL NOT ADVERSELY
AFFECT THE PUBLIC PURPOSE FOR WHICH THE DEPARTMENT IS
CONDEMNING THE PROPERTY. AND UPON PAYMENT INTO THE COURT OF
AN AMOUNT EQUAL TO THE HIGHER OF TWO APPRAISALS, THE COURT,
AT THE REQUEST OF THE DEPARTMENT, MAY, FOLLOWING A PROMPT
HEARING, ISSUE AN INJUNCTION PROHIBITING ANY PHYSICAL CHANGE
OR IMPROVEMENT TO THE PROPERTY WHICH WOULD ADVERSELY AFFECT
THE PUBLIC PURPOSE FOR WHICH THE DEPARTMENT IS SEEKING TO
CONDEMN THE PROPERTY. HOWEVER, IF THE PETITION FOR
CONDEMNATION AND PAYMENT INTO THE COURT IS ACCOMPANIED OR
FOLLOWED BY AN AFFIDAVIT OR AFFIDAVITS FROM THE DEPARTMENT
ALLEGING A REASONABLE BELIEF THAT THE PROPERTY OWNER INTENDS
TO CAUSE IMMINENT AND IRREPARABLE PHYSICAL CHANGE TO THE
PROPERTY, THE COURT MAY ISSUE AN EX PARTE INJUNCTION
PROHIBITING ANY PHYSICAL CHANGE OR IMPROVEMENT TO THE
PROPERTY UNTIL A PROMPT HEARING CAN BE HELD, AFTER WHICH
HEARING THE TERMS OF THE EX PARTE INJUNCTION MAY BE
CONTINUED OR MODIFIED AS JUSTICE MAY REQUIRE UNTIL THE
CONDEMNATION PROCEEDINGS ARE CONCLUDED. THE COURT MAY, AS A
PART OF THE HEARING, RELEASE ALL OR PART OF THE FUNDS TO
PREVENT ECONOMIC INJURY TO THE LANDOWNER.

(C)  IF THE DEPARTMENT ABANDONS THE CONDEMNATION SUIT,
THE COURT MAY AWARD THE DEFENDANTS COMPENSATION FOR ANY
ECONOMIC INJURY THAT THEY MAY HAVE INCURRED DUE TO THE
INJUNCTION PROHIBITING ANY CHANGE OR IMPROVEMENT TO THE
PROPERTY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 6, 1980.

CHAPTER 514

(House Bill 1431)

AN ACT concerning

Carroll County - Alcoholic Beverages
(Caterer's License)

FOR the purpose of creating a Class H beer, wine and liquor
license in Carroll County to be issued to the owner or
operator of a catering establishment and authorizing

 

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Session Laws, 1980
Volume 739, Page 1567   View pdf image
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