§ 3-9-112. SAME - PROCEDURE.

(a)

Appraiser - Appointment.

(1)

When the county institutes proceedings under Title 12 of the Real Property Article of the Annotated Code of Maryland for the condemnation and acquisition of real property located in the county, the county may file with its petition a request that the Circuit Court of the county appoint an appraiser to value the property.

(2)

(i)

The court may:

1.

Appoint an appraiser who:

A.

Is a citizen of the county;

B.

Has no interest in the property to be condemned; and

C.

Is not related to the owner of the property; and

2.

Determine the compensation of the appraiser.

(ii)

The county shall be liable for the appraiser's compensation and other costs of the case.

(b)

Same - Duties. The appraiser shall:

(1)

Before acting, take an oath before the Clerk of the Circuit Court that the appraiser shall justly and impartially appraise the property described in the petition; and

(2)

Within 15 days after the appraiser's appointment, file a signed and sealed valuation of the property with the Clerk of the Circuit Court.

(c)

County action after the appraisal.

(1)

Following the appraiser's filing of the valuation with the court, the county may pay to the owner or owners of the property, according to their respective interests, the amount of the valuation, or the county may pay the amount to the Clerk of the Circuit Court to be paid over by the Clerk to the owner or owners when they wish to accept and receive the payment.

(2)

(i)

Except as provided in subparagraph (ii) of this paragraph, after making the payment required under paragraph (1) of this subsection, the county may take possession of the property and proceed with the improvement for which the property was acquired.

(ii)

Unless the county and the owner agree otherwise, if a dwelling house or commercial establishment is required to be taken, the county may not take possession of the property or proceed with the improvement until the property has been condemned and an inquisition returned by the court.

(3)

The proceedings shall continue and the court shall establish by inquisition the value of the taking as if the payment had not been made.

(4)

If an owner of a property is not known, under a legal disability to contract, or a nonresident of the county, the county shall pay the amount fixed by the appraiser into the court as provided in paragraph (1) of this subsection.

(d)

Acceptance by the property owner of the amount paid by the county.

(1)

The acceptance by the property owner of the sum fixed by the appraiser does not prejudice any contention the property owner makes that the property owner should be allowed a larger sum.

(2)

(i)

If the court awards a larger sum, the owner is entitled to interest at the rate of 6% per year on the excess over the amount paid into court or to the owner by the county, accounting from the day of the payment into court or to the owner.

(ii)

If the court awards an amount that is less than the amount fixed by the appraiser, the property owner is liable to the county for the excess paid by the county.

(e)

Role of the appraiser and the appraisal in the proceedings.

(1)

The appraisal and valuation of the court-appointed appraiser is not admissible evidence in the trial of the condemnation case.

(2)

The appraiser may not testify in the case.

(f)

No limitation. This section does not restrict or limit the present powers and authority vested in the county to condemn property located in the county needed for a public purpose.

(1988 Code, § 2-2) (Bill No. 31-99, § 3, 7-1-2004)

Annotation:
  Former § 2-1.1 of the code (1962 Cumulative Supplement) does not terminate trial of condemnation case even when the condemnee accepts the sum paid into court as fair market value. The county is entitled to a trial to determine the fair market value. Baltimore County v. White, 235 Md. 212, 201 A.2d 358 (1964). Right of prior entry upheld in taking of portion of commercial parking area. Baltimore County v. Shapiro, op. Sept. 9, 1965, Cond. No. 1235 (Circuit Court for Baltimore County, Jenifer, J.).