2013 Maryland Code
TRANSPORTATION
§ 7-901 - Railroad corridor property

§7-901.

(a) (1) In this section, “railroad corridor property” means any railroad property owned or maintained by a railroad company over which passenger or rail freight traffic moved from one destination to another, not to exceed 100 feet in width, and is or was subject to the Interstate Commerce Commission’s abandonment process.

(2) “Railroad corridor property” does not include a rail yard, depot, station, or industrial park.

(b) (1) With the approval of the Board of Public Works, the Secretary or the Administration may acquire on behalf of this State, by gift, purchase, lease, condemnation, or otherwise, for any transportation related purpose, any railroad corridor property that has been abandoned pursuant to action or regulations of the Interstate Commerce Commission or other governing agency with jurisdiction in the matter.

(2) Any condemnation proceeding under this section shall be instituted and maintained in the name of this State and is governed by Title 12 of the Real Property Article.

(c) If a railroad company intends to sell or otherwise dispose of any railroad corridor property that is located in this State and for which the company has received permission from the Interstate Commerce Commission or other governmental agency with jurisdiction in the matter to abandon transportation services, the company shall notify the Secretary and the Administration of its intent to sell or otherwise dispose of the property.

(d) Within 120 days after the State receives a notice under subsection (c) of this section, the State may respond to the railroad company and notify the company of whether this State intends to acquire the railroad corridor property.

(e) If the State does not respond within the time required by subsection (d) of this section or if the State notifies the railroad company that this State does not intend to acquire the railroad corridor property, the railroad company:

(1) Is relieved of all responsibility to this State under this section; and

(2) May sell or otherwise dispose of this property in any manner it considers appropriate.

(f) To be effective, all notifications provided for in this section shall be in writing and mailed by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.