Sec. 2-112. Acquisition of property by purchase, lease, or condemnation

The County Executive is authorized on behalf of and in the name of the County to acquire by purchase, lease or condemnation for public purposes as such purposes are set forth in any capital improvement expenditure appropriation ordinance, enacted by the Council in accordance with Article VIII of the Charter, the fee simple, leasehold or such other interests as the County Executive may deem to be necessary or desirable in any real property located within the County, including any or all property rights, interests, easements or franchises in the same and to erect buildings thereon for any public use. If the County Executive is unable to agree with the owner or owners on the purchase price of such property or interest therein, he shall thereupon institute in the name of the County the necessary legal proceedings to acquire by condemnation the property or any interest therein. No property or interest therein shall be purchased, by condemnation or otherwise, unless funds for the specific project shall have been included in the capital budget, and the Director of Finance certifies that there are funds on hand to pay the amount included in the Capital Improvement Budget or that funds are forthcoming from a bond issue already sold, the award of a condemnation jury notwithstanding.

Nothing in this Section shall require the purchase of a specific piece of property unless the Council shall so specify in the Capital Budget. All such purchases herein provided for shall be accomplished in accordance with budgetary procedures as set forth in the Charter. Any condemnation proceeding filed hereunder shall be in accordance with the appropriate provisions of the Real Property Article, Title 12, Eminent Domain of the Annotated Code of Maryland and the Maryland Rules of Procedure.