In this subtitle the following words have the meanings indicated. “Court” means the circuit court for any county. “Land” means real property or any interest in it. “Plat” means a plat or a map.

The Administration may acquire for this State, by condemnation under Title 12 of the Real Property Article or by lease, agreement, gift, grant, purchase, or otherwise, any private property for any public purpose that it considers necessary or desirable to perform the duties imposed by this title or for any other purpose authorized under this title. On behalf of and at the request of the Administration, the State Roads Commission may exercise the authority vested in it by Article III, § 40B of the Maryland Constitution and acquire for this State, by condemnation under Part III or Part IV of this subtitle, any private property for any highway purpose.

As provided in this section, the Administration may acquire any publicly owned property or jurisdiction over it, for any purpose authorized by this subtitle. Notwithstanding any other provision of law, any political subdivision or agency of State or local government may transfer to this State, for use by the Administration in a highway project, any publicly owned property or jurisdiction over it, as necessary or desirable for that project. If title to property already is held by this State for the use of a political subdivision or agency of State or local government and the political subdivision or agency consents to the transfer, this State may transfer to itself, for use by the Administration in a highway project, any required part of the property or jurisdiction over it. The terms of a transfer of property under this section shall be those that the Administration and the transferor agree to as reasonable and fair. A transfer under this section may be made even if the property is used or is intended to be used for another public purpose. Neither a transfer under this section nor the terms of the transfer may modify or impair any contract, commitment, declaration of trust, or similar instrument made by the transferor. This section does not create a condition precedent to or otherwise limit in any way the power to condemn property under this subtitle.

The Administration and any political subdivision may agree to transfer title to, jurisdiction over, or responsibility for maintenance of: A county road to this State; or A State highway to the political subdivision. If the Administration acquires title to a county road, it shall pay necessary relocation assistance to any public service company that, because of the exercise of its franchise, has occupied the road or acquired any interest in it and is required to relocate its facilities.

Upon a preliminary determination by the Administration to undertake acquisition of any property for any project in advance of a public hearing on that project at which proposed right-of-way lines are identified, and prior to the obtainment of appraisals and property surveys, the Administration shall: Notify the local governing body of any county and any municipality within which the property is located of the intent to acquire the property and the purpose for which it is to be acquired; and Provide such local governing bodies at least 30 days in which to submit comments on the proposed acquisition. Acquisitions for traffic signals, safety and resurfacing and spot improvement projects are exempt from these requirements.

When property is acquired under this subtitle, the real estate taxes due on the property shall be apportioned as of the earlier of: The date on which the Administration or Commission takes possession or has the right to take possession of the property; or The date on which the title to the property is transferred. The Administration or Commission shall pay its share of those real estate taxes as are due for the year in which the date of apportionment occurs.

Subject to paragraph (2) of this subsection, if any property acquired under this subtitle is subject to a front-foot or other benefit assessment levied by a special tax district, the amount of the assessment unpaid at the date of the acquisition, including any interest on the assessment accrued to that date, immediately becomes due and payable to the special tax district and constitutes a lien against the property. If the property acquired is only a part of a larger lot, parcel, or other unit of land on which a single assessment is levied, the amount of the unpaid assessment and accrued interest that becomes due and payable and subject to this section is limited to that percentage of the full assessment and interest that is equitably attributable to the part acquired, computed and prorated in accordance with the basis, whether front footage, size, number of units, or otherwise, by which the full assessment was computed for and levied on the entire lot, parcel, or other unit. If the property is acquired otherwise than by condemnation, the Administration, before final settlement with the property owner, shall provide for payment of the unpaid amount of the assessment to the special tax district by deducting this amount from the total amount to be paid to the property owner. Until the assessment is paid and the lien satisfied, a deed evidencing the acquisition may not be recorded among the land records of the county. If the property is acquired by condemnation, the provisions of this subsection apply. If the special tax district is not a party to the condemnation proceeding, the jury may consider the amount of the unpaid assessment in determining the amount of damages. If it does so, the property owner is entitled to the full amount awarded for the property value, and the amount due for the unpaid assessment shall be paid by the Administration to the special tax district. If it does not do so, the Administration shall provide for the payment of the unpaid assessment as required by subsection (b) of this section. If the special tax district is a party to the condemnation proceeding, the jury shall make: An award in favor of the special tax district for the unpaid amount of the assessment; and A separate award in favor of the property owner for the value of the property, less the unpaid amount of the assessment.

Subject to any terms and conditions imposed by the Administration and approved by the Board of Public Works, any land acquired under this subtitle may be used by the transferor of the land in common with the Administration until construction of the transportation project actually begins. This section does not prevent the Administration, in its discretion, from removing any building or structure from the land. In addition, the transferor may not construct any building or other structure on the land or use the land in any way that will result in the payment of any additional money or damages for the land.

The purpose of this section is to return unneeded land to the tax rolls of the counties and to make this land available for use by a county or municipality for any transportation purpose. Notwithstanding any other statute to the contrary, if land acquired under this subtitle is not needed for present or future State, county, or municipal transportation purpose or other public purposes, the Administration shall dispose of the land as soon as practicable after the completion or abandonment of the project for which the land was acquired. If the land is from a project that was abandoned, and the Secretary determines that the property is no longer needed for any State transportation purpose, a county or municipality may acquire the land for a transportation purpose, with the approval of the Secretary, on payment of an amount equal to the lesser of: The appraised value of the land; or The consideration that the Administration or Commission originally paid for the land, plus simple interest at the fair market rate calculated from the time of acquisition to the time of disposition and administrative costs. If the land is not needed for a county or municipal transportation purpose, the person from whom the land was acquired or the successor in interest of that person has the right to reacquire the land, on payment of an amount equal to the lesser of: The appraised value of the land; or The consideration that the Administration or Commission originally paid for the land, plus simple interest at the fair market value calculated from the time of acquisition to the time of disposition and administrative costs. If neither of these rights is exercised, the land shall be disposed of under this section in the same manner as if the land were from a project that has been completed or otherwise as permitted by this section. As to land from a completed project: The Administration shall notify the person from whom the land was acquired, or the successor in interest of that person, within 30 days after making a determination that the land is not needed by the Administration and that the land is available for reacquisition; Within 5 years from the date the land was acquired, the person from whom the land was acquired, or the successor in interest of that person, may reacquire the land, on payment of an amount equal to the consideration that the Administration or Commission originally paid for the property; and After 5 years from the date the land was acquired, the person from whom the land was acquired, or the successor in interest of that person, has the right to reacquire the land at the current market value. If the right to reacquire the land as provided in subparagraph (i) of this paragraph is not exercised within 8 months after the Administration provides the notice that the land is available, the Administration shall sell the land at public auction as provided in this subsection. Before the sale: The Administration shall appraise the land; and If the Administration believes that the land has a value of more than $25,000, the land also shall be appraised by at least one independent, qualified real estate appraiser. The Administration shall notify the public of the sale by: Posting a notice of the sale on the land at least 2 weeks before the sale; and Publishing the notice for 2 consecutive weeks in a newspaper that is published or has general circulation in the county in which the property is located. The notice of the sale shall: Describe generally the property to be sold; State the date, time, and place of the sale; and Contain any other information that the Administration considers proper. The sale shall be held on or near the land and may be conducted by Administration personnel. At the conclusion of the sale, the Administration’s representative in charge of the sale shall announce publicly the name of the highest bidder and the amount of the bid. If the highest bid does not approximate the appraised value of the land, the representative may reject all bids and cancel the sale. The results of the sale shall be recorded and, if the highest bid was accepted by the Administration’s representative, presented to the Administrator for approval or rejection. If the Administrator approves the sale, the Administrator may execute a deed conveying the land to the buyer. If there is no bidder for the land, if all bids are rejected and the sale canceled as provided in paragraph (6) of this subsection, or if the Administrator considers all bids inadequate, the land shall be reoffered for sale within 6 months on the same terms and in the same manner as the original sale. At the second sale, if there is no bidder for the land, if all bids are rejected and the sale canceled as provided in paragraph (6) of this subsection, or if the Administrator considers all bids inadequate, the Administrator may negotiate a sale of the land. If the Board of Public Works approves the negotiated sale and the deed, the Administrator may execute a deed conveying the land to the buyer. As to any land from a completed project, if the Administration considers the land to be too small or otherwise unsuitable for private use or development, the Administration shall establish a plan of disposal for that land. If the Board of Public Works approves the plan and the deed, the Administrator may execute a deed conveying the land under the plan. Notwithstanding any other provision of this section, the Administration may convey land from an abandoned or completed transportation project by exchanging the land for privately or publicly owned land of substantially equal value when the land to be acquired by the exchange is needed for a current State highway purpose that has been identified within the current consolidated transportation program as approved by the General Assembly, or has otherwise received prior legislative approval for planning. In the case of an abandoned or completed project, the person from whom the land was acquired, or the successor in interest of that person, shall have the first right of refusal to reacquire the land, except that the offer and acceptance shall be as follows: The Administration shall notify the person from whom the land was acquired, or the successor in interest of that person, in writing, by certified mail, return receipt requested of the proposed exchange and the value of the property; Within 90 days from the date of the notice, the person from whom the land was acquired, or the successor in interest of that person, shall notify the Administration in writing of its intent to exercise its right to reacquire the land; and Within 90 days from the date of notifying the Administration of its intent to reacquire the land, the person from whom the land was acquired, or the successor in interest of that person, must tender payment of an amount equal to the lesser of: The appraised value of the land; or The consideration that the Administration or Commission originally paid for the land, plus simple interest at the fair market rate calculated from the time of acquisition to the time of disposition and administrative costs. The person from whom the land was acquired, or the successor in interest of that person, is deemed to have waived its right of first refusal if the person or the successor in interest fails to follow the procedures set forth in paragraph (2) of this subsection. In the case of a completed project or an abandoned project for which the right of first refusal was waived, the procedure for the exchange shall be as follows: If the exchange is not one proposed by a county or municipality, the Administration shall: Notify by registered mail any affected county or municipality of the offer for an exchange of a parcel; Allow 60 days after notification for any affected county or municipality to make a request to acquire the parcel or part of the parcel located within the borders of the county or municipality and for the Administration to consider any such request; and If any affected county or municipality makes an offer to acquire the parcel, or part thereof within that jurisdiction’s borders, that is equal to or greater than, or includes land of an equal or greater value than, the appraised value of the parcel or applicable portion thereof, the Administration shall accept that offer; Before making an exchange under this subsection, the exchange must be approved by the Board of Public Works; and If the Administrator and the Board of Public Works approved the terms and conditions of the exchange and all deeds, the Administrator may execute and accept deeds effecting the conveyances necessary to complete the exchange. Before the exchange: The Administration shall appraise all parcels of land to be exchanged; and If the Administration believes that any parcel of land in the exchange has a value of more than $25,000, the parcels of land also shall be appraised by at least one independent, qualified real estate appraiser. In the event that the properties to be exchanged are determined to be of unequal value, the Administrator may agree to accept or pay an amount necessary to substantially equalize the value of land conveyed by the State. The owner of land exchanged under this subsection is not entitled to first right of refusal if the exchanged land is later offered for sale by the State. If the Administration obtains or disposes of parcels of land under this subsection, it shall issue a report that: Lists the parcels of land exchanged; States the value of each parcel of land exchanged; and Describes each parcel of land exchanged. The Administration shall, in accordance with § 2–1257 of the State Government Article, submit the report to the House Environment and Transportation Committee, the House Appropriations Committee, and the Senate Budget and Taxation Committee. Except as required by this section for property from an abandoned project, this section does not prevent the Administration from conveying any of its surplus land to an adjacent property owner: As all or part of the consideration for a right-of-way transaction; or If the Administration believes that public auction of the surplus land will affect adversely the value or use of the surplus land, on a negotiated sale with a price based on the appraised value of the land. If the Administration believes that any land proposed for sale under this subsection has a value of more than $25,000, the land shall be appraised by at least one independent, qualified real estate appraiser. If the Board of Public Works approves the sale and the deed, the Administrator may execute a deed conveying the land to the adjacent property owner. Except as required by this section for property from an abandoned project, this section does not prevent the Administration, with the approval of the Board of Public Works, from conveying any of its surplus land to any State or local agency that: Needs the property for a public purpose; and Pays the Administration an amount equal to the lesser of: The appraised value of the land; or The consideration that the Administration or Commission originally paid for the land, plus simple interest at the fair market rate calculated from the time of acquisition to the time of disposition and administrative costs. If the land is not to be used for any other public purpose by a State or local agency, the person from whom unimproved land was acquired shall have the first right of refusal to lease back the property at the fair market rent established by the acquiring agency. The person from whom an owner-occupied residential property was acquired shall have the first right of refusal to lease back the property at the fair market rent established by the acquiring agency. On the exercise of the right to lease back the property, the period of eligibility for an additional payment as authorized under § 12-202 of the Real Property Article shall be calculated as provided in § 12-203(1) of the Real Property Article. In this subsection, “former owner” means only that person from whom the State acquired the land or who executed the instrument conveying the land to the State. “Former owner” includes a decedent’s: Surviving spouse, as defined in § 1-202 of the Estates and Trusts Article; and Child, as defined in § 1-205 of the Estates and Trusts Article. Notwithstanding any other law to the contrary, the Administration may, after giving notice to the Maryland Department of Planning and with the approval of the Board of Public Works, convey any of its surplus land if the conveyance will promote economic development in the State of Maryland. Prior to conveying land in accordance with paragraph (2) of this subsection, the Administration shall notify the former owner of that person’s right to reacquire the land. Within 45 days after the notice to the former owner by the Administration that the land is not needed and is available for reacquisition, the former owner may notify the Administration of its intent to exercise the right to reacquire the land in accordance with this subsection. Within 45 days of the notice to the county or municipal corporation by the Administration that the land is not needed and is available for purchase, the county or municipal corporation in which the property is located may notify the Administration of its interest in purchasing the land. The right of a former owner to reacquire land under this subsection: Is not assignable and may be transferred only as a result of the death of a former owner; Is null and void unless the person or persons exercising the right tender the required payment within 60 days of the approval of the sale by the Board of Public Works to that person or persons; and Shall take precedence over the right of the county or municipal corporation to acquire the land in the event both the former owner and the county or municipal corporation notify the Administration of their intent to purchase. The Administration may negotiate the sale of land to be conveyed under this section. In determining the consideration to be paid for the land, the Administration shall consider: The appraised value of the land; and The economic benefits to the State of the proposed development of the property. The consideration may include payment in cash or exchange of privately or publicly owned land. The notification and disposition provisions contained in this section do not apply to a conveyance made under this subsection. Land conveyed under this subsection shall be subject to local zoning laws.

In this section, “Board” means the State Highway Access Valuation Board. The Secretary shall establish a State Highway Access Valuation Board in the Administration. The Board shall consist of: The Administrator or the Administrator’s designee; The Secretary of the Department of Planning or the Secretary’s designee; and The Secretary of Commerce or the Secretary’s designee. The Administrator or the Administrator’s designee shall serve as chairman of the Board. The Board shall determine the times and locations of its meetings and shall conduct business in accordance with procedures established by the Board. A member of the Board: May not receive compensation as a member of the Board; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Administration shall provide staff to the Board. This subsection does not apply to an interstate highway. If an owner of property that abuts a State highway where the State owns control of access seeks to purchase a right of access to the highway, the owner may petition the Administration to sell to the owner a right of access. Within 60 days of receiving a petition under paragraph (2) of this subsection, the Administration shall act on the petition. The Administration shall: Approve the granting of the right to access the State highway, the terms governing access, and, if available at the time, the cost of the right of access; or Deny the petition, citing the Administration’s reasons for denial. If the Administration is willing to grant access to a State highway to the owner of abutting property but is unable to determine the cost within the time required under paragraph (3) of this subsection, the Administration shall inform the property owner of the cost of the right of access within 60 days after its response under paragraph (4)(i) of this subsection. If a petitioner is not satisfied with the decision of the Administration on the cost of the right of access under subsection (c)(4) or (5) of this section, the owner may appeal the Administration’s decision to the Board. Following receipt of an appeal under subsection (d) of this section, the Board shall: Review the appeal and request any documentation that the Board considers necessary to fully consider the property owner’s request to purchase the right of access and the Administration’s response; Hold at least one public hearing on the appeal of the property owner and response of the Administration; and Evaluate the appeal in terms of the impact that a grant of access rights would have on economic development, environmental protection, and other policy considerations that the Board considers relevant. At any time following the public hearing, but within 6 months of the date of the petition, the Board shall render a final decision on the appeal. The Board may affirm, reverse, or modify the decision of the Administration on the cost of the right of access from which the property owner appealed. The Board may include the terms of the sale related to the cost of the right of access in its decision on the cost of the right of access. A decision by the Board under this subsection: Shall be based on the record developed by the Board; Shall require the affirmative vote of at least two members of the Board; and Notwithstanding any other provision of law, shall be binding on the Administration, but subject to approval of the Board of Public Works.

The purposes of acquisition specified in this part are in addition to any others specified by law. Unless otherwise expressly provided in this part, property acquired for any purpose specified in this part may be acquired by any of the means authorized by § 8-302 of this subtitle.

Any land may be acquired under this subtitle for any State highway construction purpose. Any land along or near any State highway may be acquired under this subtitle: To protect the highway or any scenery along or near it; For landscaping the highway; To provide parking and service areas along the highway; or For any similar purpose. Land may not be acquired under this section by condemnation unless the Administration determines that the land is needed for immediate or proposed construction of a State highway or a related parking or service area. However, land may be acquired for a related parking or service area only if it is adjacent to a controlled access highway. A motel, restaurant, or gasoline or automobile service station may not be operated or permitted by the Administration or by any other agency or political subdivision of this State on any highway or related parking or service area the land for which was acquired under this subtitle. This subsection does not apply to any toll highway. The interests in land that may be acquired under this section include easements restricting or subjecting to administrative regulation the right of the owner or other persons to: Erect buildings or other structures; Construct a private drive or road; Remove or destroy shrubbery or trees; Place trash or unsightly or offensive material on the land; or Display signs, billboards, or advertisements on the land. If any land is acquired under this section, the instrument conveying the land shall set forth clearly the specific restrictions or other interests acquired. These restrictions shall run with the land to which they apply and bind all subsequent holders, except as the instrument otherwise expressly provides.

The purposes of this section are: To promote the public safety, convenience, and enjoyment of travel on and protect the public investment in the highways of this State; To restore, preserve, and enhance scenic beauty along these highways; and To enable this State to receive from and spend the nonmatching funds provided by the federal government under Title 23 of the United States Code. For the purposes specified in subsection (a) of this section, land may be acquired under this subtitle as the Administration considers necessary: To restore, preserve, or enhance scenic beauty along federal-aid highways in this State; or To construct publicly owned and controlled rest and recreation areas and sanitary and other facilities along the highway as necessary to accommodate the traveling public.

Even if not needed for highway purposes, property along controlled access highways may be acquired under this subtitle if: The property is cut off from suitable access to a public highway because of the construction or reconstruction of any controlled access highway; or The property is needed to provide a right-of-way or entrance to a public highway from any property that has been denied access to a public highway because of the construction or reconstruction of a controlled access highway. Property may be acquired under this subtitle for a highway beautification project as specified in Subtitles 7 and 8 of this title, by the means and for the purposes specified in those subtitles.

If property is to be condemned under this subtitle for a highway purpose, the Administration shall request the Commission to condemn the necessary property under this part. However, if the Commission considers the procedures of this part inappropriate, the property may be condemned by the Commission under Part IV of this subtitle or by the Administration under Title 12 of the Real Property Article. Except as provided in this part, condemnation proceedings under this part shall follow the procedures set forth in Title 12 of the Real Property Article and the Maryland Rules.

Property may be acquired under this part for a State highway only if the highway has: Each of its termini within an area in this State that the Administration recognizes as a principal traffic generating center; Each of its termini at or near a public highway in this State; One terminus within an area in this State that the Administration recognizes as a principal traffic generating center and the other terminus at or near a public highway in this State; or One terminus within an area in this State that the Administration recognizes as a principal traffic generating center or at or near a public highway in this State and the other terminus at the boundary of another state connecting with a highway recognized by the Administration as a principal traffic distribution, collection, or dispersal artery.

Before any property is condemned under this part, the Administration shall: Complete appropriate engineering and other studies; and Prepare a construction plan that shows: The location of the highway to be constructed, improved, or reconstructed; The length of the construction; and The width of the right-of-way necessary for the construction. After preparing the construction plan, the Administration shall prepare plats that include: The construction plan; The fee simple and easement area to be acquired, by showing: The centerline of the construction; The length and termini of the construction; and The width of the necessary right-of-way on either side of the centerline; and According to information obtained by the Administration, the property lines of the property owners whose property will be affected by the acquisition. After the plats are prepared, the Administration shall: Make the engineering and real estate studies, evaluations, and investigations necessary to determine, in its opinion: The fair value of the property to be acquired; and The fair compensation for any resulting damages to the remaining property of the owner; Prepare an estimate of this fair value and fair compensation; and Provide for payment of these estimated amounts as required by § 8-323 of this subtitle.

The plats and estimates prepared by the Administration require approval by a resolution of the Commission. If the plats and estimates are approved by the Commission: The Chairman of the Commission shall sign the cover sheet of each set of plats; and A set of plats and its signed cover sheet shall be filed for record with: The secretary of the Commission; and The State Archives. The secretary of the Commission shall record the plats filed with him. Plats filed with the State Archives shall be electronically recorded as provided in § 9-1011 of the State Government Article.

The plats and estimates approved by the Commission shall be kept as part of the permanent records of the Commission. Notwithstanding any other statute to the contrary: Except as permitted by the Commission, the plats prepared by the Administration are not public information or open to public inspection until they have been recorded; and Except when filed with a board of property review or a court, the estimates prepared by the Administration are not public information or open to public inspection until all the property shown on the plats has been acquired or its price determined.

After the plats are filed for record, the Commission immediately shall: File, in the court for the county in which the property to be acquired is located, a petition for condemnation that includes: The name and address of the property owner; The location of the property to be acquired; and The estimated fair value of the property to be acquired and estimated fair compensation for any damage resulting to the remaining property of the owner; and Pay to the owner of the property or into the court for the owner’s benefit, the estimated fair value and fair compensation specified in the petition. On written request to the clerk of the court, the property owner is entitled to receive any amount paid into the court for the property owner’s benefit, within 10 business days of the request, without prejudice to any of the property owner’s rights, if the property owner agrees to repay to the Commission any excess of that amount over the final award that is allowed in the subsequent condemnation proceedings. A payment made under this section does not limit in any way the amount of the final award that may be allowed in the subsequent condemnation proceedings.

Except as provided in subsection (b) of this section, after the petition is filed and payment is made under § 8-323 of this subtitle: The Commission may take possession of the property to be acquired, as shown on the recorded plats; The Administration may proceed with construction without interference by the owner; and With the permission of the Administration and under its supervision, any public or private utility may install its facilities on any land being acquired by the Commission in fee simple. Unless the owner agrees otherwise, if a dwelling or place of business is taken, the resident or occupant need not vacate the dwelling or place of business until the title to the property has been acquired by deed or condemnation.

After the petition is filed and payment is made under § 8-323 of this subtitle, the Commission shall seek to acquire the property by amicable negotiation. For purposes of these negotiations, the Commission shall determine the value of the property to be acquired as of the date the payment is made to the property owner or into court under § 8-323 of this subtitle.

Except as provided in subsection (b) of this section, if the Commission is unable to acquire the property by negotiation, it shall certify the case to the board of property review for the county in which the property is located, as provided in the Maryland Rules. A case shall be filed as a condemnation case in the court for the county in which the property is located and may not be heard by a board of property review if: The Commission determines that valid, marketable title is unobtainable without a court proceeding; or A nonresident has an interest in the property and will not accept service of process and agree to the board’s jurisdiction.

There is a board of property review in each county. If necessary, additional boards may be appointed in any county. Each board of property review of a county has three members who are appointed by the judges of the circuit court for the county. Of the members of each board: One shall be a lawyer; One shall be a farmer engaged in some agricultural pursuit; and One shall be an engineer or a person with an engineering background and knowledge. A member of the General Assembly may not be a member of a board during his term of office. Each board member serves for a term of 2 years and until his successor is appointed and qualifies. A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. A board member is entitled to the per diem compensation set by the Supreme Court of Maryland. The compensation shall be uniform statewide and shall be paid monthly by the Commission, on vouchers approved by the clerk of the court. Each board shall appoint its chairman and may adopt rules not inconsistent with this title or the Maryland Rules. Each county shall provide a suitable place for its board to meet and, whenever possible, the clerk of the court shall provide suitable clerical assistance. If the clerk fails to provide clerical assistance, the Administration shall provide it on request of the board. Each board is under the jurisdiction of the court and each member of the board is an officer of the court.

Each board of property review: Shall hear promptly all cases certified to it by the Commission; Shall determine the total amount of the award to be paid by the Commission; and May determine the portion of an award to be paid to persons, other than the fee owner, who have an interest in the property. Unless all parties in a case certified to a board agree otherwise, the full board shall hear and decide the case. If a member of the board is absent or disqualified from hearing or deciding any case, the judges of the court that appointed the board shall designate another individual with qualifications similar to those of the absent or disqualified member to serve instead. The board shall determine the fair value of the property to be acquired as of the date payment is made under § 8-323 of this subtitle.

If any party is dissatisfied with the findings or award of a board of property review, the case may be appealed to the court. On appeal, the court shall hear and determine the case de novo, as provided by law and the Maryland Rules.

If, within 1 year after payment is made under § 8-323 of this subtitle, the Commission fails to ascertain the entire amount to be paid for the property and acquire title to it by deed or condemnation or, within that same 1-year period, fails to file timely a petition for condemnation as required by the Maryland Rules, then the fair value of the property shall be the greater of the values determined as of: The date the title to the property is acquired; and The date the payment was made under § 8-323 of this subtitle.

At the conclusion of all proceedings, the Commission shall pay to the property owner: Any excess of the final award over the amount paid under § 8-323 of this subtitle; and Interest on the excess from the date of payment under § 8-323 of this subtitle at the rate of 6 percent a year.

If the Commission determines that condemnation under Part III of this subtitle is inappropriate, the Commission may acquire property by condemnation under this part, after making every reasonable and good faith effort to negotiate. Except as provided in this part, condemnation proceedings under this part shall follow the procedures set forth in Title 12 of the Real Property Article and the Maryland Rules.

To condemn property under this part, the Commission shall: File a petition for condemnation in the court for the county in which the property to be acquired is located; and Pay to the owner of the property or into the court for the owner’s benefit, the amount that the Commission estimates to be the fair value of the property to be acquired and fair compensation for any damage resulting to the remaining property of the owner.

After the petition is filed and payment is made under § 8-335 of this subtitle: The Commission may take possession of the property to be acquired; and The Administration may proceed with construction without interference by the owner.

On written request to the clerk of the court, the property owner is entitled to receive any amount paid into the court for the property owner’s benefit within 10 business days of the request, without prejudice to any of the property owner’s rights, if the property owner agrees to repay to the Commission any excess of that amount over the final award that is allowed in the subsequent condemnation proceedings.

A payment made under § 8-335 of this subtitle does not limit in any way the amount of the final award that may be allowed in the subsequent condemnation proceedings.

At the conclusion of all proceedings, the Commission shall pay to the property owner any excess of the final award over the amount paid under § 8-335 of this subtitle.