Sec. 49-43. Reserved.

   Editor’s note—Former Section 49-43 was renumbered Section 49-40 pursuant to 2007, ch. 8, § 1.

Sec. 49-44. Reserved.

   Editor’s note—Former Section 49-44 was renumbered Section 49-41 pursuant to 2007, ch. 8, § 1

ARTICLE 4. ACQUISITION OF LAND.

Sec. 49-45. Authority to acquire land for transportation purposes.

   The County may buy land which is needed in connection with:

   (a)   the opening of any new road, bikeway, or sidewalk,

   (b)   the construction or repair of any bridge,

   (c)   the relocation, straightening or widening of any road, street, alley, bikeway, or sidewalk,

   (d)   the proper drainage of any road, street, alley, bikeway or sidewalk,

   (e)   the building of any public building or structure, or

   (f)   any other public transportation purpose. (Mont. Co. Code 1965, § 24-11; 1910, ch. 484, § 177Q; 1912, ch. 109, § 177Q; 1912, ch. 790, § 470; 1918, ch. 229, § 177Q; 1931, ch. 304; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, § 1.)

   Editor's note—Sections 49-45 through 49-47 [formerly §§ 26-10 through 26-12] appear to authorize the county council to acquire, by purchase or condemnation, interests in land for the purpose of road drainage, and require the county council to record plats of land which has been so acquired or dedicated for that purpose, Nohewel v. Hall, 218 Md. 160, 146 A.2d 187 (1958).

Sec. 49-46. Condemnation.

   If the County cannot agree with the owner of any land, building, or improvement required for any public purpose listed in Section 49-45, the County may condemn the land, building, or improvement, or any interest in them, for the use of the County under any applicable State law that authorizes condemnation by local governments.

   The County need not accept the award or judgment rendered in any proceeding under this Section, but instead may abandon the project after paying any costs required by law. (Mont. Co. Code 1965, § 24-13; 1910, ch. 484, § 177Q; 1912, ch. 109, § 177Q; 1912, ch. 790, § 470; 1918, ch. 229, § 177Q; 1931, ch. 304; 1971 L.M.C., ch. 3, § 7; 2007 L.M.C., ch. 8, § 1.)

   Editor’s note—The portion of the above Section which was former Sec. 49-47, is cited in Maryland- National Capital Park & Planning Commission v. Friendship Heights, 57 Md.App. 69, 468 A.2d 1353 (1984).

Sec. 49-47. Reserved.

   Editor’s note—Former Sec. 49-47, same-county not required to accept award or judgment rendered, was incorporated into Sec. 49-46 pursuant to 2007 L.M.C., ch. 8, § 1.

Sec. 49-48. Reserved.

   Editor's note—Section 49-48, relating to the applicability of this chapter within municipalities, was repealed by § 30 of 1985 L.M.C., ch. 31. The section was formerly derived from Mont. Co. Code 1965, § 24-14; 1910, ch. 484, § 177Q; 1912, ch. 109, § 177Q; 1912, ch. 790, § 470; 1918, ch. 229, § 177Q; 1931, ch. 304; and 1971 L.M.C., ch. 3, § 8. See § 2-96.

Sec. 49-49. Procedure after construction work has been done.

   If the County has built any road, highway, street, bridge, bikeway, sidewalk, curb, gutter or drainage ditch on any land which the County did not own or have authority to use, the County may condemn the land and any improvements on it under any applicable State law which authorizes the condemnation of land for public purposes as though the improvement had not been built before condemnation proceedings began. (Mont. Co. Code 1965, § 24-15; 1931, ch. 509; 2007 L.M.C., ch. 8, § 1.)