- 4 -
property not subject to the condemnation suit. The State needed
both the fee simple property and temporary easement property to
widen and improve Route 355.
The State determined that the fair market value of the
property and rights to be acquired was $28,400 as of June 5,
1980. Accordingly, on the same day the condemnation petition was
filed, the State, pursuant to Transportation section 8-323 of the
Maryland Code, deposited $28,400 with the circuit court.
Thereafter, petitioner was entitled to withdraw these funds by
submitting a written request to the circuit court pursuant to
section 8-323 of the Maryland Code. After filing the
condemnation petition and depositing the $28,400 with the circuit
court, the State, pursuant to Transportation section 8-324 of the
Maryland Code, was entitled to take possession of the property
designated in the petition.3
On June 24, 1980, petitioner withdrew the $28,400 that the
State had deposited with the circuit court. In withdrawing these
funds, petitioner acknowledged that, pursuant to section 8-323 of
the Maryland Code, he was entitled to receive the sum without
prejudice to any of his rights, provided he agreed to pay back
the State the difference between the amount withdrawn and the
3 In a quick-take condemnation proceeding, the Maryland State
Roads Commn. generally may take possession of the property before
it acquires legal title to the property. Md. Code Ann. Transp.
secs. 8-324 and 8-325 (1993); see State Roads Commn. v. Orleans,
211 A.2d 715, 722 (Md. 1965).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011