(a) Generally. On behalf of and in the name of the County, the County Executive may accept a dedication of real property for the purposes set forth in Articles 16 and 17 of this Code or, except as otherwise set forth herein, purchase real property by agreement or eminent domain if an adequate appropriation has been made by the County Council.
(b) Gifts of real property. All gifts of real property to the County, other than those acquired pursuant to subsection (a), must be approved by the County Council by ordinance. Before submitting an ordinance seeking the County Council's approval of acceptance of a gift of real property, the County Executive shall:
(1) identify a public purpose for which the property may be used;
(2) ensure the Director of Public Works conducts an environmental assessment and provides a written determination of any potential hazard or future remediation expense; and
(3) ensure the Budget Officer provides a written assessment of the fiscal impact of the gift, including any impact on future expenditures.
(c) Condemnation. If the County Executive is unable to acquire real property by agreement, the County may not acquire property by condemnation unless:
(1) the ordinance appropriating the funds for acquisition has designated the public purpose for which the property is to be acquired and has described with reasonable accuracy the location or nature of the property to be acquired; or
(2) before acquisition by condemnation, the County Council by resolution identifies the property and determines and declares its acquisition to be necessary for a public purpose.
(d) Funds in budget.
(1) Notwithstanding an award of a condemnation jury, real property or an interest in real property may not be purchased, by condemnation or otherwise, unless adequate funds have been included in the capital budget.
(2) Each agreement for purchase of real property utilizing funds from the Advance Land Acquisition Capital Project, Project No. C106700, shall be contingent upon approval of the purchase by resolution of the County Council. Prior to approval of the purchase by resolution, the County Council shall require an independent appraisal, an environmental study, and a feasibility study for the real property to be purchased.
(e) Other law. Any condemnation of real property shall be in accordance with budgetary procedures set forth in the Charter, the Real Property Article, Title 12, of the State Code, and the Maryland Rules of Procedure.
(1985 Code, Art. 10, § 3-101) (Bill No. 59-85; Bill No. 31-08; Bill No. 53-18)
State Code reference – Local Government Article, § 10-312; Real Property Article, §§ 12-101 et seq.