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PARRIS N. GLENDENING, Governor
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Ch. 205
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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; AND WHERE THE PROPERTY IS SITUATED IN PRINCE GEORGE'S COUNTY
BETWEEN THE SUITLAND FEDERAL CENTER AND SILVER HILL ROAD, AND WITHIN
TWO OF THE FOLLOWING AREAS: A REVITALIZATION TAX DISTRICT, AN ENTERPRISE
ZONE, OR A PRIORITY FUNDING AREA, AS THOSE AREAS ARE DEFINED BY THE
GENERAL ASSEMBLY, AND IN THE JUDGMENT OF AND UPON A FINDING BY THE
COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY THAT THERE IS AN IMMEDIATE
NEED FOR THE PROPERTY FOR REDEVELOPMENT, THE COUNTY COUNCIL MAY
PROVIDE THAT THE PROPERTY MAY BE TAKEN IMMEDIATELY AFTER THE COUNTY
COUNCIL APPOINTS A REAL ESTATE APPRAISER LICENSED BY THE STATE TO
APPRAISE THE PROPERTY TO DETERMINE THE FAIR MARKET VALUE OF 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 BE SUBSEQUENTLY AWARDED BY A JURY. AND IF
AN OWNER OCCUPANT OR TENANT IS DISPLACED BECAUSE OF THE EXERCISE OF
EMINENT DOMAIN. REGARDLESS OF WHETHER THE DISPLACEMENT INVOLVES THE
USE OF FEDERAL FINANCIAL ASSISTANCE. THE COUNTY SHALL ASSURE THAT THE
OWNER OCCUPANT OR TENANT IS OFFERED. AT A MINIMUM. ASSISTANCE AND
PAYMENTS TO THE EXTENT THAT THE OWNER OCCUPANT OR TENANT WOULD
QUALIFY FOR ASSISTANCE AND PAYMENTS AS A DISPLACED PERSON UNDER THE
FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
POLICIES ACT OF 1970. 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 municipal water and sewage facilities, the governing
body 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 particular governing body shall estimate to be a fair
market value of such property, provided that the municipal corporation shall secure
the payment of any further sum that subsequently may be awarded by a jury. This
Section 40A shall not apply in Montgomery County or any of the various municipal
corporations within Cecil County, if the property actually to be taken includes a
building or buildings.
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Constitution of Maryland proposed by this Act
affects only Prince George's County and that the provisions of Article XIV, Section 1 of
the Constitution concerning local approval of constitutional amendments apply.
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- 1347 -
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