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<section article="gpu" article_name="Public Utilities" number="5-403" title_number="5" title_name="Powers, Duties, and Prohibitions" subtitle_number="4" subtitle_name="Franchises and Condemnation">
  <level label="a">
    <text>This section applies to a domestic or foreign corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.</text>
  </level>
  <level label="b">
    <text>Subject to subsection (c) of this section, a corporation described in subsection (a) of this section may acquire by condemnation, in accordance with Title 12 of the Real Property Article, rights-of-way or easements necessary to lay, construct, modify, repair, maintain, operate, and remove pipelines and appurtenances to pipelines for transmitting and supplying gas.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, a corporation may not condemn rights-of-way or easements under subsection (b) of this section unless the corporation:</text>
      <level label="i">
        <level label="1">
          <text>transmits gas directly to local consumers in the State along the corporation’s proposed rights-of-way; and</text>
        </level>
        <level label="2">
          <text>offers to contract with those local consumers to supply them directly with gas on terms and conditions subject to the approval of the Commission; and</text>
        </level>
      </level>
      <level label="ii">
        <text>has certified to the State Department of Assessments and Taxation the name and address of a resident agent of the corporation in the State, service of process on whom shall bind the corporation until the appointment of a substitute is certified to the State Department of Assessments and Taxation.</text>
      </level>
    </level>
    <level label="2">
      <text>Paragraph (1) of this subsection does not affect the right of a corporation that was transmitting natural gas, artificial gas, or a mixture of natural and artificial gases for public use through one or more pipelines in the State on or before June 1, 1931, to condemn for public use necessary rights-of-way or easements for:</text>
      <level label="i">
        <text>a pipeline or appurtenances to a pipeline in use on or before June 1, 1931;</text>
      </level>
      <level label="ii">
        <text>any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931; or</text>
      </level>
      <level label="iii">
        <text>any additional pipelines or appurtenances to pipelines along and on the same routes or along and on any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>This section does not affect the application of any provision of this article that applies generally or specifically to a corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.</text>
  </level>
</section>
