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ROBERT L. EHRLICH, JR., Governor Ch. 120
purposes set out in subsection (a), the person, the State, its instrumentality, or the
body politic or corporate on whose behalf the person is acting may apply to a law court
of the county where the property, or any part of it, is located for an order directing
that the person be permitted to enter on and remain on the land to the extent
necessary to carry out the purposes authorized by this section.
(c) If a civil engineer, surveyor, real estate appraiser, or any of their assistants
enters on any private land under the authority of this section or any court order
passed pursuant to it, and damages or destroys any land or personal property on it,
the owner of the property has a cause of action for damages against the civil engineer,
surveyor, real estate appraiser, or assistant and against the State, its instrumentality,
or the body politic or corporate on whose behalf the person inflicting the damage was
acting.
(d) Any landowner or other person who willfully obliterates, damages, or
removes any stake, marker, monument, or other landmark set by any civil engineer,
surveyor, or real estate appraiser or any of their assistants acting pursuant to this
section, except if the stake, marker, monument, or other landmark interferes with the
proper use of the property, is guilty of a misdemeanor and on conviction shall be fined
not more than $500.
(e) Any person who has knowledge of an order issued pursuant to subsection
(b) and who obstructs any civil engineer, surveyor, real estate appraiser, or any of
their assistants acting under the authority of the order may be punished as for
contempt of court.
(f) In Anne Arundel County, Montgomery County, or Baltimore City, an agent
or employee, or one or more assistants of the jurisdiction, after real and bona fide
effort to notify the occupant or the owner, if the land is unoccupied or if the occupant
is not the owner, may enter on any private land to make test borings and soil tests
and obtain information related to such tests for the purpose of determining the
possibility of public use of the property. If an agent, employee, or assistant is refused
permission to enter or remain on any private land for the purposes set out in this
subsection, Anne Arundel County, Montgomery County, or Baltimore City may apply
to a law court of the jurisdiction where the property or any part of it is located for an
order directing that its agent, employee, or assistant be permitted to enter and
remain on the land to the extent necessary to carry out the purposes authorized by
this subsection. The court may require that the applying jurisdiction post a bond in an
amount sufficient to reimburse any person for damages reasonably estimated to be
caused by test borings, soil tests, and related activities. If any person enters on any
private land under the authority of this section or of any court order passed pursuant
to it and damages or destroys any land or personal property on it, the owner of the
property has a cause of action for damages against the jurisdiction that authorized
the entrance. Any person who knows of an order issued under this subsection and who
obstructs any agent, employee or any assistant acting under the authority of the order
may be punished for contempt of court.
(g) The State Highway Administration, [its] THE MARYLAND TRANSIT
ADMINISTRATION, AND THE agents, employees, and consultants OF THE STATE
HIGHWAY ADMINISTRATION AND THE MARYLAND TRANSIT ADMINISTRATION may
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