Ch. 83

1996 LAWS OF MARYLAND

and effect to and including June 1, 1963, and where such property is situated in Baltimore
County and is desired by Baltimore County, Maryland, the County Council of Baltimore
County, Maryland, may provide for the appointment of an appraiser or appraisers by a
Court of Record to value such property and that upon payment of the amount of such
evaluation, to the party entitled to compensation, or into Court, and securing the payment
of any further sum that may be awarded by a jury, such property may be taken; and where
such property is situated in Montgomery County and in the judgment of and upon a
finding by the County Council of said County that there is immediate need therefor for
right of way for County roads or streets, the County Council may provide that such
property may be taken immediately upon payment therefor to the owner or owners
thereof, or into court, such amount as a licensed real estate broker appointed by the
County Council shall estimate to be the fair market value of such property, provided that
the Council shall secure the payment of any further sum that may subsequently be
awarded by a jury. IF THE PROPERTY IS SITUATED IN HARFORD COUNTY, THE
COUNTY COUNCIL OF HARFORD COUNTY MAY PROVIDE THAT, WHEN THERE IS AN
IMMEDIATE NEED FOR THE PROPERTY FOR A RIGHT OF WAY FOR ROAD, STORM
DRAIN, SEWER, OR WATER CONSTRUCTION OR INSTALLATION, THE COUNTY MAY
TAKE IMMEDIATELY: (1) UP TO 20 FEET OF PROPERTY ALONG AN EXISTING COUNTY
ROAD, HIGHWAY, OR SIMILAR RIGHT OF WAY (INCLUDING THE PROPERTY UNDER
THE ROAD, HIGHWAY, OR SIMILAR RIGHT OF WAY), MEASURED FROM THE
PROPERTY LINE; (2) UP TO 20 FEET OF PROPERTY FOR THE CONSTRUCTION OR
INSTALLATION OF PUBLIC WATER, SEWERAGE, OR STORM DRAINS; AND (3) UP TO 10
FEET OF REVERTIBLE SLOPE OR CONSTRUCTION EASEMENT IMMEDIATELY
ADJACENT TO ANY TAKING AUTHORIZED HEREIN, AFTER THE COUNTY APPOINTS A
PROPERLY DESIGNATED REAL ESTATE APPRAISER LICENSED BY THE STATE TO
APPRAISE THE PROPERTY, PAYS TO THE OWNER OR INTO COURT THE FAIR MARKET
VALUE OF THE PROPERTY, AS DETERMINED BY THE APPRAISER, AND ASSURES
PAYMENT OF ANY ADDITIONAL AMOUNT THAT MAY SUBSEQUENTLY BE AWARDED
BY A JURY. A TAKING UNDER THIS PROVISION IN HARFORD COUNTY MAY NOT
RESULT IN LESS THAN 60 FEET BETWEEN THE NEW RIGHT OF WAY BOUNDARY AND
ANY RESIDENTIAL DWELLING OR COMMERCIAL BUILDING LOCATED ON THE
PARCEL OF PROPERTY SUBJECT TO THE TAKING. IN THE EVENT THAT THE PROPERTY
OWNER IS AWARDED 150% MORE THAN THE COUNTY HAS PREVIOUSLY PAID TO THE
PROPERTY OWNER OR TO THE COURT THE COUNTY SHALL BE LIABLE FOR THE
PROPERTY OWNER'S REASONABLE LEGAL. APPRAISAL AND ENGINEERING COSTS AND
FEES, AS FIXED BY THE COURT ACTUALLY INCURRED BY THE DEFENDANT BECAUSE OF
THE CONDEMNATION PROCEEDING. PLUS INTEREST AT A RATE OF 6% PER ANNUM ON
ANY DIFFERENCE BETWEEN THE AMOUNT OF MONEY INITIALLY PAID INTO COURT OR
TO THE DEFENDANT AND THE JURY AWARD AS STATED IN THE INQUISITION, FROM THE
DATE THE MONEY WAS PAID INTO COURT OR TO THE DEFENDANT THROUGH THE DATE
OF THE INQUISITION OR FINAL JUDGMENT. WHICHEVER DATE IS LATER THE COUNTY
MAY NOT CONDUCT UNDER THIS PROVISION MORE THAN ONE TAKING FROM A
SINGLE PARCEL OF PROPERTY FOR THE CONSTRUCTION OR IMPROVEMENT OF A
SINGLE COUNTY ROAD, HIGHWAY, OR SIMILAR RIGHT OF WAY OR A SINGLE PUBLIC
WATER, SEWERAGE, OR STORM DRAIN CONSTRUCTION OR INSTALLATION PROJECT.
In the various municipal corporations within Cecil County, where in the judgment of and
upon a finding by the governing body of said municipal corporation that there is
immediate need therefor for right of way for municipal roads, streets and extension of

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