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2005 LAWS OF MARYLAND
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Ch. 120
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CHAPTER 120
(Senate Bill 130)
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AN ACT concerning
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Maryland Transit Administration - Eminent Domain - Environmental and
Engineering Studies
FOR the purpose of allowing the Maryland Transit Administration, its agents,
employees, and consultants to enter upon private property to conduct certain
environmental and engineering studies for certain purposes; authorizing the
Administration to apply for a court order directing that entry onto private
property be permitted under certain circumstances; requiring the
Administration to take certain remedial actions regarding the condition of the
property; requiring the Administration to reimburse the landowner or lessee for
certain damages and providing that the Administration is liable for certain
other damages; clarifying language; making conforming changes; and generally
relating to the rights and liabilities of the Maryland Transit Administration in
evaluating property when exercising the power of eminent domain.
BY repealing and reenacting, with amendments,
Article - Real Property
Section 12-111
Annotated Code of Maryland
(2003 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Real Property
12-111.
(a) Civil engineers, land surveyors, real estate appraisers, and their assistants
acting on behalf of the State or of any of its instrumentalities or any body politic or
corporate having the power of eminent domain after every real and bona fide effort to
notify the owner or occupant in writing with respect to the proposed entry may:
(1) Enter on any private land to make surveys, run lines or levels, or
obtain information relating to the acquisition or future public use of the property or
for any governmental report, undertaking, or improvement;
(2) Set stakes, markers, monuments, or other suitable landmarks or
reference points where necessary; and
(3) Enter on any private land and perform any function necessary to
appraise the property.
(b) If any civil engineer, surveyor, real estate appraisers, or any of their
assistants is refused permission to enter or remain on any private land for the
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