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Session Laws, 2007
Volume 803, Page 1944   View pdf image
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Ch. 305
2007 Laws of Maryland
(I) PART OF A COMPREHENSIVE DEVELOPMENT PLAN THAT
HAS SUBSTANTIAL AND DIRECT PUBLIC USEES AND BENEFITS; (II) NECESSARY TO CARRY OUT THE COMPREHENSIVE
DEVELOPMENT PLAN; AND
(III) NOT BEING CONDEMNED SOLELY OR PRIMARILY TO
BENEFIT A PRIVATE PARTY;
(2) (I) THE COMPREHENSIVE DEVELOPMENT PLAN COULD NOT
BE CARRIED OUT BY PRIVATE DEVELOPERS; AND
                                 (II) CONDEMNATION IS NECESSARY TO ACCOMPLISH THE COMPREHENSIVE DEVELOPMENT PLAN; AND (3) WITH RESPECT TO A BUSINESS THAT WILL BE AFFECTED BY WHETHER THE COMPREHENSIVE DEVELOPMENT PLAN COULD BE RESTRUCTURED TO AVOID THE CONDEMNATION OF THE BUSINESS HAVE BEEN
CONSIDERED;
(II) THE DISPLACED OWNER OR TENANT OF THE BUSINESS
HAS BEEN GIVEN A REASONABLE OPPORTUNITY TO BE INCLUDED IN THE
COMPREHENSIVE DEVELOPMENT PLAN; AND
(III) IF THE BUSINESS COULD NOT BE INCLUDED IN THE
COMPREHENSIVE DEVELOPMENT PLAN, THE GOVERNMENT UNIT HAS PROVIDED
THE DISPLACED OWNER OR TENANT OF THE BUSINESS WITH AN ALTERNATIVE
LOCATION SUITABLE TO MAINTAIN THE BUSINESS.
(D) THE GOVERNMENT UNIT SHALL MAKE A WRITTEN RECORD OF ITS
FINDINGS UNDER SUBSECTION (C) OF THIS SECTION.
(E) (1) THE STANDARD OF JUDICIAL REVIEW APPLICABLE TO
ADMINISTRATIVE DECISIONS SHALL APPLY TO THE FINDINGS OF THE
GOVERNMENT UNIT UNDER SUBSECTION (C) OF THIS SECTION. (2) IN ITS REVIEW, THE COURT SHALL DETERMINE IF:
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Session Laws, 2007
Volume 803, Page 1944   View pdf image
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