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2005 LAWS OF MARYLAND
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Ch. 121
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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 BY THE ADMINISTRATION ENTERING THE
PROPERTY. 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 SEEKING ENTRY
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 ENTERING THE PROPERTY, when removing, displacing, boring, or
excavating soil under the provisions of this section, shall replace the topsoil in a
manner which will approach the level of compaction and contour as when removed.
[The] AN Administration ENTERING PRIVATE PROPERTY UNDER THE AUTHORITY OF
THIS SUBSECTION shall reimburse the landowner or lessee who is farming the
property for agricultural products destroyed or damaged by [its] THE
ADMINISTRATION'S agents, employees, or consultants[. The Administration] AND
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 October 1, 2005.
Approved April 26, 2005.
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CHAPTER 121
(Senate Bill 131)
AN ACT concerning
Public Service Commission - Annual Reports - Common Carriers and
Telephone Companies
FOR the purpose of authorizing providing that, unless directed by the Public Service
Commission to modify the requirements that a public service company, certain
public service companies are not required to file certain annual reports; and
generally relating to the authority of the Public Service Commission.
BY repealing and reenacting, with amendments,
Article - Public Utility Companies
Section 5-302(a) and 6-205(a)(2) Section 5-302 and 6-205
Annotated Code of Maryland
(1998 Volume and 2004 Supplement)
BY repealing and reenacting, without amendments,
Article-----Public Utility Companies
- 900 -
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