268

LAWS OF MARYLAND

Ch. 8

EXCEPT FOR FLOODING SOLELY CAUSED BY TIDAL WATER,
IMPROVEMENTS SHALL BE ASSESSED ON THE BASIS OF THE REDUCED VALUE
OF THE IMPROVEMENTS IF THE IMPROVEMENTS HAD BEEN DAMAGED BY AND
WERE SUBJECT TO A SUBSTANTIAL THREAT OF RECURRING DAMAGE BY:

(1) FLOODING;

(2) SHIFTING LAND MASSES; OR

(3) UNSTABLE SOILS OR SOIL FAULT CONDITIONS.

"REVISOR'S NOTE: This section is new language that combines,
without substantive change, former Art. 81, § 19(g)(1)
and (h), since former Art. 81, § 19(g)(1) and (h)
each described assessment reductions in a similar
manner.

Subsection (a) of this section is revised as a
definition of "improvements", for clarity.

In the introductory language of subsection (b) of this
section, the former phrase "the Department may reduce
the amount of the assessment in whole or in part" is
deleted as superfluous.

Also in the introductory language of subsection (b) of
this section, the phrase "reduced value" is
substituted for the former phrase "economic
obsolescence", for clarity.

Defined terms: "Assess" § 1-101

"Real property" § 1-101 "Value" § 1-101

8-231. SAME -- DAMAGED OR DESTROYED BY NATURAL OCCURRENCES.

IF THE ASSESSMENT OF REAL PROPERTY USED FOR RESIDENTIAL
PURPOSES IS NOT REDUCED OR ABATED BECAUSE OF DAMAGE OR
DESTRUCTION FROM FLOOD, FIRE, STORM, OR ANY NATURAL OCCURRENCE,
THE REPLACEMENT OR RESTORATION OF THE REAL PROPERTY BY COMPARABLY
VALUED REAL PROPERTY MAY NOT BE ASSESSED AT AN AMOUNT GREATER
THAN THE ASSESSMENT OF THE REAL PROPERTY BEFORE THE DAMAGE OR
DESTRUCTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 81, §
19(g)(2).

The reference to "any natural occurrence" is
substituted for the former reference to "any sudden
force of nature", for clarity.

The phrase "by comparably valued real" is substituted
for the former phrase "if the property is comparable
in value", for clarity and to avoid confusion with the
defined term "value".