Subject to the provisions of this subtitle, the Administration may acquire in its own name, by purchase or by condemnation, any property, including any public land, land lying under water, or riparian right, necessary or convenient to construct or operate any project. Any condemnation proceedings under this section shall be conducted under Title 12 of the Real Property Article. The Administration may not condemn any property unless the property is located entirely within the territorial jurisdiction of the Administration. The Administration may not condemn any property that belongs to a public service company subject to Division I of the Public Utilities Article, if the property is: Devoted to public use; or Reasonably necessary for future public use by the public service company.

Notwithstanding any contrary provision of law, this State, its agencies, and its political subdivisions may lease, lend, grant, or otherwise convey to the Administration, at its request, any property, including property devoted to public use, that is necessary or convenient for the purposes of the Administration.

The Administration may not acquire by purchase or condemnation any property owned by this State or any of its agencies without the prior approval of the Board of Public Works. Subject to prior approval of the Board of Public Works, the Administration may use any land owned by this State, including land lying under water, that the Administration considers necessary or convenient to construct or operate any project.

The Administration may not acquire by purchase or condemnation any property located in any political subdivision of this State without the prior approval of the political subdivision, as provided for in this section. Approval required by this section shall be obtained as follows: If the property is located in a county other than Baltimore City and not in any municipal corporation, from the county; If the property is located in a municipal corporation within any county, both from the mayor and council, by whatever name known, of the municipal corporation and from the county; and If the property is located in Baltimore City, from the Board of Estimates of Baltimore City. If the Administration makes a written request for approval of the appropriate body, the approval required by this section is deemed to be given unless the Administration is notified in writing to the contrary within 90 days after it makes the request. This section does not affect the right of the Administration to acquire an option or institute any condemnation proceedings for later acquisition of the property once the approval required by this section is obtained.

In any county where planning and development regulations have legal status, the Administration shall comply with and is subject to those regulations to the same extent as a private commercial or industrial enterprise.

The Administration and its authorized agents and employees may enter on any lands, waters, and other property in this State to make any surveys, soundings, drillings, and examinations that it considers necessary for the purposes of this title. An entry made under this section is not a trespass and may not be considered an entry under any pending condemnation proceeding. The Administration shall pay for any actual damages to the land, waters, or other property that result from an entry made under this section.

For purposes of this section, the territorial jurisdiction of the Administration is not limited by § 6–103 of this title or any other provision of this title and extends to and includes the area within any political subdivision in this State. Any political subdivision in this State may apply to the Administration, by ordinance or resolution, for the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision. If the Administration finds that the proposal furthers the purposes of this title, it may approve the application. If the Administration approves the application, the political subdivision that applied may contract with the Administration for the construction, acquisition, extension, enlargement, or improvement of these port facilities. Under the contract, the political subdivision may incur indebtedness to the Administration in an amount not exceeding $1 million at any one time. The contract by which the indebtedness is incurred shall require that: All project costs of the port facilities be set out in an account to be known as the investment account; and The share of the costs assumed by the political subdivision under the contract be repaid within not more than 40 years. For purposes of this section, a political subdivision, through its governing body, may: Participate with the Administration in the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision; and Participate by contract with the Administration in the operation and maintenance of these port facilities. A county and any municipal corporation in the county jointly may participate with the Administration, by agreement confirmed by resolution or ordinance, in carrying out any of the purposes of this section. If there is joint participation under this subsection by a county and a municipal corporation, the loan limitation imposed by subsection (c)(2) of this section is increased to $2 million, and the respective liabilities of the county and the municipal corporation shall be determined by agreement between them.

In this section, “cargo handling facilities” includes any one or more or combination of lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigerated storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the handling, storing, loading, or unloading of freight and any other personal property at marine terminals. Except as otherwise provided in this subsection, each county retains the right to impose annual taxes on land and improvements on land acquired and developed in the political subdivision by the Administration. The Administration is subject also to all benefit assessments, including any sewer and water charges that may be levied by operation of law. The right to impose taxes does not apply to any land or improvements acquired from the county, to any cargo handling facilities owned or leased, as lessor or lessee, by the Administration, or to any land used only in conjunction with these cargo handling facilities. From the date any of this property is purchased, erected, constructed, or leased, it is exempt from all property taxes and benefit assessments to their owner, to the Administration, and to the lessees of the Administration. The right to impose taxes does not apply to the international trade center described in § 6-101(e)(4) of this title, which trade center is exempt from all property taxes and benefit assessments to the Administration. The Administration and the county may make any agreements: For the Administration to pay to the county a stated sum in place of any taxes or benefit assessments to which the Administration is subject; or For voluntary contributions as to tax-exempt property. Each lease of a cargo handling facility for a term of more than 1 year, including renewal options, that is made between the Administration and a lessee engaged in business for profit shall contain a provision requiring the lessee to pay to the Administration annually, except to the extent that the improvements are taxed to the lessee, a sum of money computed on the basis of the full cash value of the leased land and improvements on it multiplied by the assessment percentage under § 8-103(c)(1) of the Tax - Property Article, multiplied by the current State and local real estate tax rates. The supervisor of assessments of the county in which the leased land is located shall cooperate with the Administration in establishing the full cash value of the leased land and improvements on it. The Administration may not acquire on a lease-back basis any land or improvement on it without the prior consent of the political subdivision in which the land or improvements are located. This section does not affect any agreement made before June 1, 1966, between the Administration and any county as to tax exemptions or payments in place of taxes or benefit assessments.

Notwithstanding any other provision of this title, this section controls as to Anne Arundel County. The Administration may not acquire any interest in land or improvements on land in Anne Arundel County without the prior approval of the county, given after a public hearing. This subsection does not affect the right of the Administration to acquire an option for later acquisition of the property or improvements once the approval required by this subsection is obtained. If the Administration makes a written request for approval of the county, the approval required by this subsection is deemed to be given unless the Administration is notified in writing to the contrary within 90 days after it makes the request. The Administration, in accordance with § 2–1257 of the State Government Article, shall provide written notice of a request under this paragraph to the Anne Arundel County Delegation to the General Assembly. Anne Arundel County retains the right to impose taxes on any land and improvements on land acquired under this title in Anne Arundel County by the Administration or any other person. The Administration and Anne Arundel County may make any agreements for the Administration to pay to the county a stated sum in place of any of these taxes. This section shall be strictly construed.