PARRIS N. GLENDENING, Governor

Ch. 525

Administration to consider certain factors in determining the consideration to be
paid for land conveyed under this Act; providing for exceptions to certain
notification and disposition requirements; providing that land conveyed under this
Act shall be subject to local zoning laws; making stylistic changes; and generally
relating to the conveyance of surplus land by the State Highway Administration.

BY repealing and reenacting, with amendments,
Article - Transportation
Section 8-309

Annotated Code of Maryland

(1993 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

8-309.

(a) . The purpose of this section is to return unneeded land to the tax rolls of the
counties and to make this land available for use by a county or municipality for any
transportation purpose.

(b) (1) Notwithstanding any other statute to the contrary, if land acquired
under this subtitle is not needed for present or future State, county, or municipal
transportation purpose or other public purposes, the Administration shall dispose of the
land as soon as practicable after the completion or abandonment of the project for which
the land was acquired.

(2) (i) If the land is from a project that was abandoned, and the Secretary
determines that the property is no longer needed for any State transportation purpose, a
county or municipality may acquire the land for a transportation purpose, with the
approval of the Secretary, on payment of an amount equal to the lesser of:

1. The appraised value of the land; or

2. The consideration that the Administration or Commission
originally paid for the land, plus simple interest at the fair market rate calculated from
the time of acquisition to the time of disposition and administrative costs.

(ii) If the land is not needed for a county or municipal transportation
purpose, the person from whom the land was acquired or the successor in interest of that
person has the right to reacquire the land, on payment of an amount equal to the lesser
of:

1. The appraised value of the land; or

2. The consideration that the Administration or Commission
originally paid for the land, plus simple interest at the fair market value calculated from
the time of acquisition to the time of disposition and administrative costs.

- 2951 -