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WILLIAM DONALD SCHAEFER, Governor Ch. 10
12-208.
(a) Notwithstanding any other provision of law, if a
[public] DISPLACING agency acquires any interest in [land] REAL
PROPERTY, the [public] DISPLACING agency shall acquire at least
an equal interest in all buildings, structures, or other
improvements, located on the [land] REAL PROPERTY acquired which
it requires to be removed from the [land] REAL PROPERTY or which
it determines will be adversely affected by the use to which the
[land] REAL PROPERTY will be put.
(b) (1) For the purpose of determining just compensation to
be paid for any building, structure, or other improvement
required to be acquired by subsection (a) OF THIS SECTION, the
building, structure, or other improvement shall be deemed a part
of the [land] REAL PROPERTY to be acquired notwithstanding the
right or obligation of a tenant, as against the owner of any
other interest in the [land] REAL PROPERTY, to remove the
building, structure, or improvement at the expiration of his
term, and the fair market value which the building, structure, or
improvement contributes to the fair market value of the [land]
REAL PROPERTY to be acquired, or the fair market value of the
building, structure, or improvement for removal from the [land]
REAL PROPERTY, whichever is the greater, shall be paid to the
tenant.
(2) Payment under this subsection may not result in
duplication of any payments otherwise authorized by law. No
payment may be made unless the owner of the [land] REAL PROPERTY
involved disclaims all interest in the improvements of the
tenant. In consideration for any payment, the tenant shall
assign, transfer, and release to the [public] DISPLACING agency
all his right, title, and interest in and to the improvements.
Nothing in this subsection may be construed to deprive the tenant
of any rights to reject payment under this subsection and to
obtain payment for the property interests in accordance with
applicable law, other than this subsection.
12-209.
As soon as feasible, after the date of payment of the
purchase price or the date of deposit in court of funds to
satisfy the award of compensation in a condemnation proceeding to
acquire land, whichever is earlier, the [public] DISPLACING
agency shall reimburse the owner to the extent the [public]
DISPLACING agency deems fair and reasonable, for expenses he
necessarily incurred for:
(1) Recording fees, transfer taxes, and similar
expenses incidental to granting the [land] REAL PROPERTY to the
[public] DISPLACING agency, as provided in § 12-106(b)(4) OF THIS
TITLE;
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