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Session Laws, 1984
Volume 759, Page 3419   View pdf image
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HARRY HUGHES, Governor

3419

limiting] THAT PROHIBITS OR LIMITS the use of any of the water or
land areas or any improvement or appurtenance thereto for any of
the purposes listed in § 2-118 (b) of the Real Property Article.

(2) The restriction creates an incorporeal property
interest in the water or land areas or the improvement or
appurtenance thereto, so restricted, [which] THAT is enforceable
in both law and equity in the same manner as an easement or
servitude with respect to the water or land areas or the
improvement or appurtenance thereto, if the restriction is
executed in compliance with the requirements of the Real Property
Article for the execution of deeds or the Estates and Trusts
Article for the execution of wills.

8-411.

(A)  (1) NOTWITHSTANDING THE REGULATORY AUTHORITIES THAT ARE
PROVIDED BY THIS SUBTITLE, THE SECRETARY, IN THE PROCESS OF
ADMINISTERING THE SCENIC AND WILD RIVERS PROGRAM, SHALL CONSIDER,
PROTECT, AND ENSURE PROTECTION OF THE RIGHTS OF PROPERTY
OWNERSHIP THAT ARE GUARANTEED BY THE CONSTITUTION OF THE UNITED
STATES AND THE CONSTITUTION OF MARYLAND.

(2) THE SECRETARY MAY NOT ADOPT ANY RULE OR
REGULATION THAT WOULD CONSTITUTE A TAKING OF A RIGHT OF PROPERTY
OWNERSHIP THAT VIOLATES THE CONSTITUTION OF THE UNITED STATES OR
THE CONSTITUTION OF MARYLAND WITHOUT THE CONSENT OF EACH AFFECTED
PROPERTY OWNER.

(B)  THE STATE MAY NOT PURCHASE OR ACQUIRE BY EMINENT
DOMAIN LAND IN THE SCENIC CORRIDOR OF THE WILD SEGMENT OF THE
YOUGHIOGHENY RIVER WITHOUT THE PRIOR CONSENT OF EACH AFFECTED
PROPERTY OWNER WITHOUT FIRST PROVING THAT THE PURCHASE OR
ACQUISITION IS NECESSARY TO PRESERVE THE WILD SEGMENT OF THE
YOUGHIOGHENY RIVER, AS PROVIDED IN THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.

CHAPTER 735

(Senate Bill 294)

AN ACT concerning

Maryland State Police - Suspensions and Demotions

FOR the purpose of repealing a certain provision which permits
the Superintendent to suspend an employee for not more than

 

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Session Laws, 1984
Volume 759, Page 3419   View pdf image
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