Ch. 48

LAWS OF MARYLAND

REVISOR'S NOTE: Ch. ___, Acts of 1988, which enacted

Division II of this article, amended subsections (b)
and (d) of this section to substitute references to a
"unit of the State government" and "unit" for the
former term "using agency", to correct an apparent
error. The former revisor's note to this section, as
enacted by Ch. 11, Acts of 1985, included a
definitional cross reference to § 4-401 of this
subtitle but that section does not define the term
"using agency". Instead, the term "using agency" was
defined in § 4-301 but that definition was not
applicable to this section. The substituted language
reflects former Art. 78A, § 19A(a), which stated that
the Land Acquisition Division shall negotiate "[l]and
for all public improvements within the meaning of
[Art. 78A] § 20". It is consistent with § 4-401(d) of
this subtitle, which defines "public improvement" to
mean a public work owned or constructed by "the State
or any unit of the State government".

As to the units of the State government that are
exempt from the provisions of this subtitle, see §
4-402 of this subtitle.

4-415. SUPERVISION BY BOARD OF PUBLIC WORKS.

(A)  SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO ANY CAPITAL EXPENDITURES FOR
STATE ROADS, BRIDGES, OR HIGHWAYS BY THE DEPARTMENT OF
TRANSPORTATION OR THE MARYLAND TRANSPORTATION AUTHORITY.

(B)  REVIEW AND APPROVAL.

BEFORE EXECUTION, A CONTRACT FOR THE ACQUISITION OF LAND
SHALL BE:

(1)  REVIEWED BY THE SECRETARY OF GENERAL SERVICES;
AND

(2)  EXCEPT AS PROVIDED IN § 12-204 OF THIS ARTICLE,
AFTER THAT REVIEW, APPROVED BY THE BOARD OF PUBLIC WORKS.

(C)  SUPERVISION BY BOARD.

THE BOARD OF PUBLIC WORKS SHALL SUPERVISE THE EXPENDITURE OF
ANY MONEY THAT THE GENERAL ASSEMBLY APPROPRIATES FOR THE
ACQUISITION OF LAND.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 11-206, as
that section referred to the acquisition of land.

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