2144

LAWS OF MARYLAND

Ch. 609

(2) THE DEPARTMENT FIRST SHALL OFFER THE INTEREST IN
LAND TO THE PRIOR OWNER WHO SHALL HAVE THE RIGHT TO PURCHASE THE
LAND FROM THE DEPARTMENT BY PAYING THE SAME AMOUNT PAID BY THE
DEPARTMENT TO THAT OWNER AT THE TIME OF CONDEMNATION.

(3) IF THE PRIOR OWNER DOES NOT EXERCISE THE RIGHTS
CONFERRED BY THIS SUBSECTION, THE DEPARTMENT SHALL DISPOSE OF THE
INTEREST IN LAND THROUGH PUBLIC SALE, TAKING INTO ACCOUNT THE
FOLLOWING FACTORS;

(I) THE FULL RECOVERY OF ANY EXPENDITURES FROM
THE STATE HAZARDOUS SUBSTANCE CONTROL FUND;

(II) TO THE EXTENT PRACTICABLE, THE SALE OF THE
INTEREST IN LAND SHALL BE AT THE FAIR MARKET VALUE;

(III) THE EFFECT OF THE SALE ON SURROUNDING
LAND VALUES OR USES; AND

(IV) THE POTENTIAL FOR PUBLIC USE OF THE
INTEREST IN LAND BY ANOTHER PUBLIC AGENCY.

(4) IF THE STATE RECOVERS THE COST OF ACQUISITION
FROM ANY PERSON UNDER SUBSECTION (B) OF THIS SECTION, THE STATE
SHALL REIMBURSE THAT PERSON OUT OF THE PROCEEDS OF THE SALE OF
THE INTEREST IN LAND.

7-261.

(b) (1) Within 10 days after being served with an order
under § 7-259(a)(l) of this subtitle, the person served may
request, in writing, a hearing before the Department.

(2) (I) If a request for a hearing is made under this
subsection, the Department shall[:

(i) Hold the hearing within 10 days after
receiving the request; and

(ii) Render a decision within 10 days after the
hearing.] HOLD THE HEARING PROMPTLY AFTER RECEIVING THE REQUEST
AND RENDER A DECISION PROMPTLY AFTER THE HEARING.

(II) IF A REQUEST FOR A HEARING IS MADE UNDER
THIS SUBSECTION AND THE DEPARTMENT ALLEGES IN THE ORDER THAT
THERE IS AN IMMINENT THREAT OR DANGER TO THE PUBLIC HEALTH OR
SAFETY OR TO THE ENVIRONMENT, THE DEPARTMENT SHALL HOLD THE
HEARING WITHIN 10 DAYS AFTER RECEIVING THE REQUEST AND RENDER A
DECISION WITHIN 10 DAYS AFTER THE HEARING.

7-265.

(a) A person who commits any of the following offenses is
guilty of a felony and on conviction is subject to a fine not