Maryland Financial Institutions Section 13-711

Article - Financial Institutions

§ 13-711.

      (a)      (1)      Subject to annual appropriations and the provisions of this subtitle, the Authority may acquire in its own name, by gift, purchase, or condemnation, any real or personal property, or interests in property, necessary or convenient to construct or operate any facility.

            (2)      The Authority, when acquiring in its own name any real or personal property, or interests in property as specified in paragraph (1) of this subsection, shall first attempt to acquire real or personal property by means of negotiation and purchase, except as provided in paragraph (3) of this subsection.

            (3)      If the Authority is not able to acquire real or personal property by the conditions set forth in paragraph (2) of this subsection, the Authority may exercise the powers of condemnation for private property, as provided in subsection (b) of this section, if appropriate.

            (4)      If the Authority determines that the provisions of paragraphs (2) and (3) of this subsection are inappropriate, then the Authority may exercise the powers of condemnation for private property, as provided in subsection (c) of this section.

      (b)      Subject to the provisions of subsection (a) of this section and to the prior approval of the Board of Public Works and review by the Legislative Policy Committee, the Authority may exercise the power of ordinary condemnation for any private property for any purpose of the Authority:

            (1)      In accordance with the provisions of Title 12 of the Real Property Article; and

            (2)      Only in Camden Yards and at the Hippodrome Performing Arts Center site.

      (c)      Subject to the provisions of subsection (a) of this section and to the prior approval of the Board of Public Works and review by the Legislative Policy Committee, the Authority may exercise the power conferred by Article III, § 40A of the State Constitution to acquire in Baltimore City for this State by quick take condemnation any private property for any purpose of the Authority:

            (1)      In accordance with the provisions of §§ 8-334 through 8-339 of the Transportation Article and applicable provisions of Title 12 of the Real Property Article; and

            (2)      Only in Camden Yards and at the Hippodrome Performing Arts Center site.

      (d)      (1)      This State, its agencies, and political subdivisions may lease, lend, grant, or otherwise convey to the Authority, at its request, any property, or interest therein, including property devoted to public use, that is necessary or convenient for the purposes of this subtitle, subject to the prior approval of the Board of Public Works.

            (2)      Subject to the prior approval of the Board of Public Works, the State may lease or sublease any facility, or interest therein, from or to the Authority, whether or not constructed or usable.

            (3)      Lease payments to the Maryland Stadium Authority appropriated by the State of Maryland shall be transferred to:

                  (i)      If appropriated for a sports facility or other facility at Camden Yards, the Maryland Stadium Authority Financing Fund;

                  (ii)      If appropriated for a Baltimore Convention Center facility, the Baltimore Convention Center Fund;

                  (iii)      If appropriated for an Ocean City Convention Center facility, the Ocean City Convention Center Fund;

                  (iv)      If appropriated for a Montgomery County Conference Center facility, the Montgomery County Conference Center Fund; or

                  (v)      If appropriated for a Hippodrome Performing Arts Center facility, the Hippodrome Performing Arts Center Financing Fund.

      (e)      For any acquisition of real or personal property, or interest in property other than the Camden Yards site, Baltimore Convention Center site, Ocean City Convention Center site, or Hippodrome Performing Arts Center site, in any county where planning, zoning, and development regulations have legal status, the Authority and any Authority affiliate shall comply with and is subject to those regulations to the same extent as a private commercial or industrial enterprise.

      (f)      The Authority shall:

            (1)      In cooperation with the City of Baltimore, appoint a task force that includes residents and business and institutional representatives from the area adjacent to Camden Yards for the purpose of reviewing the schematic, preliminary, and final plans for facilities at Camden Yards;

            (2)      Submit schematic plans for development of Camden Yards and the Baltimore Convention Center site to the City of Baltimore for review and comment before acquiring any property;

            (3)      Submit preliminary and final plans for Baltimore facilities to the City of Baltimore for review and comment; and

            (4)      Participate in the design review processes currently established by the City of Baltimore.

      (g)      This section does not affect the right of the Authority to acquire an option or institute any condemnation proceeding for later acquisition of the property once the approval required by this section is obtained.



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