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Before abandoning or closing any right-of-way after Council approval under this Article, the Director of Transportation must cause to be posted prominently in the area of the right-of-way, for at least 15 days after the Council action, a notice listing the date when the right-of-way will be abandoned or closed. (1975 L.M.C., ch. 26, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor's note—In Welker v. Strosnider, 22 Md. App. 401, 323 A.2d 626 (1974), it was held that use of a dedicated roadbed as a bicycle bath or pedestrian shortcut is not use by the public within the meaning of section 49-67 or 50-15.
2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Former Section 49-67A was renumbered Section 49-68 pursuant to 2007, ch. 8, § 1
(a) If any right-of-way, except a right-of-way located entirely in a municipality which has independent zoning and subdivision authority, has not been in public use, one or more abutting property owners may petition the Planning Board to abandon the right-of-way. The petition must take the form of a preliminary plan for the subdivision of land, and must state the reason for the proposed abandonment and show any proposed relocation or realignment of the right-of-way, where applicable.
(b) The petitioner must notify:
(1) each person with a recorded financial interest in land abutting the right-of-way;
(2) the Department of Transportation;
(3) the County Fire and Rescue Service;
(4) the Police Department;
(5) the Washington Suburban Sanitary Commission, when applicable;
(6) each public utility operating in the area;
(7) the governing body of each incorporated municipality or special taxing district which adjoins the right-of-way sought to be abandoned; and
(8) Any grantee of a franchise under Article 2, if the franchise authorizes the grantee to install or use any facility in, over, or under the affected right-of-way.
(c) The Planning Board must solicit the comments of each notice recipient, and then promptly determine whether:
(1) the right-of-way previously was improved or used for the purposes for which it was intended or dedicated; and
(2) the right-of-way is necessary for anticipated public use.
(d) If a recipient of notice under subsection (b) does not respond within 60 days after the notice is sent, the Planning Board must presume that the recipient does not oppose the proposal.
(e) If the Planning Board finds that the right-of-way is not necessary for anticipated future public use or that an alternative alignment or location will not adversely affect the public interest, the Board may authorize the right-of-way to be abandoned by incorporating the abandoned land into an amended plat of subdivision. The amended subdivision plat must require the dedication of any land needed for rights-of-way, easements, and other public uses. (1982 L.M.C., ch. 46, § 4; 1989 L.M.C., ch. 28, § 1; 1996 L.M.C., ch. 4, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Section 49-68, formerly Section 49-67A, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1.
Former Section 49-68, applicability of article, derived from 1975 L.M.C., ch. 26, § 1; 1985 L.M.C., ch. 31, § 31, was repealed by 2007 L.M.C., ch. 8, § 1.
Editor’s note—Former Section 49-68A, relating to application filing fee, derived from 1975 L.M.C., ch. 26, § 1, 1984 L.M.C., ch. 24, § 48, and 1984 L.M.C., ch. 27, § 31, was repealed by 1996 L.M.C., ch. 29, § 1.
Editor’s note—Former Section 49-69, authority to establish, etc.; evidence of freeway or expressway; public hearing; freeways and expressways defined, derived from 1966 L.M.C., ch. 13, § 1; 1971 L.M.C., ch. 3, § 37, was repealed by 2007 L.M.C., ch. 8, § 1.
(a) A Freeway and Controlled Major Highway are defined in Section 49-31.
(b) If any existing County road is classified as a Freeway or Controlled Major Highway:
(1) The Director of Transportation may, by agreement or condemnation, restrict or limit the right of any owner of land abutting the Freeway or Controlled Major Highway to lay out or construct any new means of access to, from or across the abutting land to or from the Freeway or Controlled Major Highway or to enlarge or extend any existing means of access. The Director may designate points where access is permitted, or permit changes in existing means of access, consistent with any applicable master plan, on specified terms and conditions.
(2) The Director may close any existing means of access to, from, or across abutting land to or from the Freeway or Controlled Major Highway by agreement or condemnation, consistent with any applicable master plan. (1966 L.M.C., ch. 13, § 1; 1971 L.M.C., ch. 3, § 38; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
To build any Freeway or Controlled Major Highway or rebuild any portion of any existing road as a Freeway or Controlled Major Highway, or for any service or feeder road in connection with a Freeway or Controlled Major Highway, the County may acquire any real property or any interest in real property by the same procedure as property may be acquired for road purposes. (1966 L.M.C., ch. 13, § 1; 2007 L.M.C., ch. 8, § 1.)
When any road has been constructed or designated as a Freeway or Controlled Major Highway, the Director of Transportation:
(a) may restrict or prohibit access to the Freeway or Controlled Major Highway from any existing highway, road, or street, or from any new highway, road, or street, if reasonable access to the freeway or expressway from any existing or new highway, road, or street is maintained;
(b) may control, restrict, or prohibit the use of the Freeway or Controlled Major Highway by various classes of vehicles or traffic if an alternate route is provided for restricted or prohibited classes of vehicles or traffic; and
(c) may maintain, discontinue, abandon, or close, and exercise all other powers with respect to Freeways or Controlled Major Highways to the same extent and in the same manner as other roads. (1966 L.M.C., ch. 3, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
If real property held by one owner is severed by a Freeway or Controlled Major Highway, the Director of Transportation may provide for access across the Freeway or Controlled Major Highway from one such tract to the other, either at grade or below or above grade, on such conditions as the Director sets. Any connecting road or roads must not be used for or in connection with the conduct of any roadside business or enterprise. If the affected land is no longer held under one ownership, the Department may discontinue any access road.
In acquiring property for any purpose listed in the three preceding sections, the Director must fully inform the owners of the use and restrictions of the property. (1966 L.M.C., ch. 13, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
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