Chapter 01. Appraisals
Regulation .01 Policy.LinkCopy Citation
A.
This regulation applies to all real property acquisitions to which the Department of General Services has any statutory role, except real property acquisition by the Department of Transportation and its model administrations, which are addressed in Regulation .02, below.
B.
Before any real property is acquired from a private owner, other than by gift, the Board of Public Works shall obtain two independent appraisals of the property.
C.
The staff review appraisers in the Office of Real Estate of the Department of General Services shall obtain and review the two independent appraisals for form, fact, and conclusions and, if they so elect may, with the approval of the Director of the Office of Real Estate, obtain a third independent appraisal, which they also shall review for form, fact, and conclusions. The staff review appraisers shall recommend to the Director of the Office of Real Estate a value for the subject real property, based on the approved appraisals. The Director shall determine the approved value of the property based on the reviewer's recommendation.
D.
The Director of the Office of Real Estate shall offer to purchase the subject real property from the private owner, at a price not less than the lowest of the approved, independent appraisals, or at a price equal to the eminent domain award of the circuit court, as the case may be.
E.
The actual consideration to be paid for any real property is subject to final approval by the Board of Public Works.
Regulation .02 Policy as to the Department of Transportation.LinkCopy Citation
A.
This regulation applies to capital expenditures for acquisition of real property by the Department of Transportation and its modal administrations (collectively addressed here as “the Department of Transportation”), unless the acquisition is in connection with State roads, bridges, or highways.
B.
Instead of employing the procedures addressed in this regulation, the Department of Transportation may elect on a case by case basis to acquire real property in accordance with Regulation .01, above, provided the Department of General Services acquiesces.
C.
In exercising its review of contracts for capital expenditures for acquisition of real property by the Department of Transportation, the Department of General Services shall defer to a Department of Transportation review appraiser's approval of the appraisal of the property in question, and to any administrative adjustment of the proposed expenditure recommended by the Department of Transportation.
Chapter annotations
Authority: State Finance and Procurement Article, §11-207; Real Property Article, §12-207(c) and (d); Annotated Code of Maryland;
Constitution of Maryland, Article III, §40
Constitution of Maryland, Article III, §40
History: Effective date: June 27, 1988 (15:13 Md. R. 1550)