§ 49-38. Acceptance of roads.  


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  • (a) The County Executive may specify by Executive order, published in the County Register, the terms and conditions on which any road may be acquired by the County or dedicated to public use.
    (b) Any action by the County to accept a road must be in writing and fully identify the portion accepted. Any accepted road must conform to the standards and specifications of this Chapter and all other applicable laws in force at the time of acceptance.
    (c) When the County accepts any road, it becomes a part of the County road system and thereafter must be maintained by the County at its expense. (Mont. Co. Code 1965, § 24- 21; 1922, ch. 392, § 1; 1967 L.M.C., ch. 11, § 1; 1971 L.M.C., ch. 3, § 11; , § 1.)
    Editor’s note—Section 24-21 of the 1965 County Code (now § 49-38) does not exculpate the County from its duty to maintain public areas, such as a sidewalk, beyond the curbline, as a sidewalk is a thoroughfare. Bethesda Armature Co. v. Sullivan, 47 Md. App. 498, 424 A.2d 397 (1981).
    Section 49-38, formerly Section 49-41, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-38 was renumbered Section 49-35 pursuant to 2007, ch. 8, § 1