HARRY HUGHES, Governor 2143
cannot be obtained; requiring the Administration to
reimburse for damages; and generally relating to entry
on private property.
BY adding to
Article - Real Property
Section 12-lll(g)
Annotated Code of Maryland
(1974 Volume and 1980 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be repealed, amended, or enacted to read as follows: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.
(G) THE STATE HIGHWAY ADMINISTRATION, ITS AGENTS,
EMPLOYEES, AND CONSULTANTS MAY ENTER UPON PRIVATE PROPERTY
TO CONDUCT ENVIRONMENTAL AND ENGINEERING STUDIES, INCLUDING
SOIL BORING AND EXCAVATION, NECESSARY TO DETERMINE THE
SUITABILITY OF THE PROPERTY FOR ADMINISTRATION USE. ENTRY
ONTO PRIVATE PROPERTY FOR THESE PURPOSES SHALL NOT BE
UNDERTAKEN WITHOUT PRIOR CONSENT OF THE PROPERTY OWNER. IF,
AFTER REAL AND BONA FIDE EFFORT, THE CONSENT OF THE PROPERTY
OWNER CANNOT BE SECURED, THE ADMINISTRATION MAY APPLY TO A
LAW OR EQUITY COURT WHERE THE PROPERTY OR ANY PART OF IT IS
LOCATED FOR AN ORDER DIRECTING THAT ENTRY BE PERMITTED.
"BONA FIDE EFFORT" SHALL INCLUDE EITHER 30 DAYS ADVANCE
NOTICE IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED
TO THE LAST KNOWN ADDRESS OF THE PROPERTY OWNER OR POSTING
NOTICE ON THE PROPERTY NOT LESS THAN 30 DAYS IN ADVANCE, AND
SUCH OTHER REQUIREMENTS AS THE COURT MAY DEEM APPROPRIATE.
THE ADMINISTRATION, WHEN REMOVING, DISPLACING, BORING, OR
EXCAVATING SOIL UNDER THE PROVISIONS OF THIS SECTION, SHALL
REPLACE THE TOP SOIL IN A MANNER WHICH WILL APPROACH THE
LEVEL OF COMPACTION AND CONTOUR AS WHEN REMOVED. THE
ADMINISTRATION SHALL REIMBURSE THE LANDOWNER OR LESSEE WHO
IS FARMING THE PROPERTY FOR AGRICULTURAL PRODUCTS DESTROYED
OR DAMAGED BY ITS AGENTS, EMPLOYEES, OR CONSULTANTS. THE
ADMINISTRATION SHALL BE RESPONSIBLE FOR ANY OTHER DAMAGES
THAT MAY BE INCURRED AS A RESULT OF SUCH ENTRY ON PRIVATE
PROPERTY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.
Approved May 19, 1981.
CHAPTER 521
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