As authorized by Section 40A of Article III of the Maryland Constitution, the County may acquire any land or interest in land required for a right-of-way for a County road or street by using the following procedure:
(a) When the County Council finds an immediate need to acquire land or an interest in land, the Council by resolution must:
(1) describe the property,
(2) list the owner as the owner appears on the County assessment records,
(3) appoint a licensed real estate broker or a licensed real estate appraiser to estimate the property's fair market value,
(4) direct the County Attorney to acquire the property or interest under this procedure, and
(5) guarantee the payment of any amount above the estimated fair market value, later awarded by a jury.
(b) (1) Promptly after being appointed, the broker or appraiser must estimate the fair market value of the property or interest and submit a written report to the County.
(2) The County then may by petition, naming the owner and all persons of record whose interest in the property would be taken, pay to the Circuit Court the amount estimated by the broker or appraiser to be the fair market value of the property, and record a copy of the resolution of taking in the County land records. A copy of the resolution must be attached to the petition. A copy of the petition and resolution must be served on each person named in the petition.
(3) A copy of the petition and resolution must be filed with the Supervisor of Assessments, who must promptly adjust the tax assessment records.
(4) The County may then immediately take possession of the property or interest described in the resolution without further notice to the property owner or other person of interest, and may proceed with the road or street project.
(5) Payment into court of the amount estimated by the County's broker or appraiser to be the fair market value of the property or interest does not limit the amount that may be later awarded by a jury. The guarantee of the County to pay any further sum later awarded by a jury remains in effect until the final disposition of the proceeding.
(c) The owner of any property or interest taken, upon written request to the Clerk of the Court, must receive the amount paid to the court if the owner agrees in writing filed with the Clerk to pay back to the County the difference between the amount received and a final award made by a jury, if the final award is less than the amount paid to the court.
(d) Upon payment of the required money to the court under subsection (b)(2), the County must negotiate with the property owner to attempt to obtain by amicable negotiation any right, title or interest necessary for the road or street project. If the County and the owner cannot agree on a sum to be paid after payment to the court, the owner may request the County to institute condemnation proceedings. The County must, within 90 days after receiving a request, begin condemnation proceedings under Title 12 of the Real Property Article of the Maryland Code, or any successor provision. The County on its own may also begin condemnation proceedings at any time.
(e) The jury award on any property or interest taken under this Section must be based on the value of the property or interest when the County paid to the court.
(f) The County is not required to accept the estimate of its broker or appraiser. Before paying any funds to the court, the County may withdraw its petition by paying any costs required by law. In that case, the County is not entitled to take possession of the property or interest. In withdrawing its petition, the County does not waive its right to begin a condemnation action or a new proceeding under this Section against the same property, or to buy the same property or interest by negotiation with the owner.
(g) The procedure in this Section does not apply if the property to be taken includes a building. (Mont. Co. Code 1965, § 103-7; Ord. No. 6-70; 1971 L.M.C., ch. 3, § 42; 1995 L.M.C., ch. 28, § 1; , § 1.)
Editor's note—The above section is cited in Griffith v. Montgomery County, 57 Md.App. 472, 470 A.2d 840 (1984) and in Montgomery County v. Old Farm Swim Club, Inc., 270 Md. 708, 313 A.2d 458 (1974).
