Ch. 31

1997 LAWS OF MARYLAND

(2) ON THE COMPLETION OF THE WORK AT THE SURVEY STATION, THE
AUTHORIZED PERSON SHALL PROMPTLY REIMBURSE THE OWNER OF THE
PROPERTY FOR ANY DAMAGE DONE TO THE PROPERTY BY THE AUTHORIZED
PERSON WHO ENTERED ON THE PROPERTY.

(C) FILING OF BOND.

IF, PRIOR TO ENTRY ON THE PROPERTY, THE AUTHORIZED PERSON AND THE
OWNER OF THE PROPERTY HAVE NOT AGREED ON THE AMOUNT TO BE PAID FOR
ANY DAMAGE TO THE PROPERTY, THE AUTHORIZED PERSON SHALL FILE A SURETY BOND IN THE CIRCUIT COURT OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED IN AN AMOUNT TO BE APPROVED BY THE COURT, CONDITIONED ON THE PAYMENT OF ALL DAMAGES AND COSTS AS PROVIDED UNDER SUBSECTION (D) OF THIS SECTION.

(D) DETERMINATION OF DAMAGES.

(1) THE CIRCUIT COURT SHALL APPOINT THREE APPRAISERS WHO ARE RESIDENTS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED TO DETERMINE THE AMOUNT TO BE PAID FOR ANY DAMAGE TO THE PROPERTY.

(2) THE PROCEEDINGS FOR THE ASCERTAINMENT OF DAMAGES SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 8, SUBTITLE 3 OF THE TRANSPORTATION ARTICLE RELATING TO THE ACQUISITION OF PRIVATE
PROPERTY FOR A PUBLIC PURPOSE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 91, § 27.

The only changes are in style.

In subsection (c) of this section, the phrase "in which the property is located"
is new language added for clarity.

1-303. ASSESSMENT OF COSTS.

(A) ASSESSMENT OF COSTS - PAYMENT BY OWNER.

IF THE DAMAGES AWARDED UNDER § 1-302(D) OF THIS SUBTITLE DO NOT
EXCEED THE AMOUNT TENDERED BY THE AUTHORIZED PERSON UNDER § 1-302(B) OF THIS SUBTITLE, THE OWNER OF THE PROPERTY SHALL PAY THE COSTS OF THE PROCEEDING UNDER § 1-302(D) OF THIS SUBTITLE.

(B) SAME - PAYMENT BY AUTHORIZED PERSON.

IF THE DAMAGES AWARDED UNDER § 1-302(D) OF THIS SUBTITLE EXCEED THE AMOUNT TENDERED BY THE AUTHORIZED PERSON, THE AUTHORIZED PERSON SHALL PAY THE COSTS OF THE PROCEEDING.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 91, § 28.

The only changes are in style.

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