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LAWS OF MARYLAND

Ch. 708

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

Approved May 27, 1980.

CHAPTER 709

(Senate Bill 456)

AN ACT concerning

Eminent Domain - Maryland Environmental Trust and
Maryland Historical Trust Easement Sites

FOR the purpose of providing that any easement or
restriction donated to the Maryland Historical Trust or
the Maryland Environmental Trust is not to be
considered in computing the fair market value of land
or any interest in land for the award of damages in
eminent domain condemnation proceedings; and clarifying
language.

BY repealing and reenacting, with amendments,

Article - Real Property

Section 12-104(g)

Annotated Code of Maryland

(1974 Volume and 1979 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be repealed, amended, or enacted to read as follows: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

12-104.

(g) [The] IF ANY EASEMENT IN GROSS OR OTHER RIGHT TO
RESTRICT USE OF LAND OR ANY INTEREST IN LAND HAS BEEN
DONATED TO THE MARYLAND HISTORICAL TRUST OR THE MARYLAND
ENVIRONMENTAL TRUST, THE damages to be awarded [for the
taking of land or an interest in land over which any
easement in gross or other right to restrict its use has
been donated without consideration pursuant to Article 41 §
181E of the Code] IN ANY CONDEMNATION PROCEEDINGS UNDER THIS
TITLE shall be the fair market value of the land or interest
in it, computed as though the easement or other right did
not exist.

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