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(a) In this article, the term real property means land and improvements to the land.
(b) The County must advertise once each week for not less than 2 weeks in at least one newspaper of general circulation in the County any proposal to acquire real property by purchase, condemnation, or a lease for more than 5 years duration. The advertisement must set forth the price to be paid for the acquisition of the real property, if known, the location of the real property, the name of the owner of the real property, the purpose for which the real property is to be acquired, and the means by which the public may comment on the proposed acquisition.
(c) The County Executive may hold a hearing to take public comment on the proposed acquisition of the real property.
(d) If the owner of the real property which is proposed to be acquired by the County consents, the County must post a sign on the property for at least 10 days before the deadline for receiving public comment in a manner that can be most readily seen by the public. The sign must read substantially as follows: Montgomery County, Maryland proposes to purchase (or lease) this property for (statement of purpose). For date and manner of making public comment, telephone (telephone number).
(e) After considering public comment, the County Executive may approve acquisition of the real property. The County Executive must notify the Council of each acquisition of real property.
(f) This Section applies to real property to be acquired by a rescue squad or fire department if the purchase of the real property is to be funded in whole or in part by County tax funds.
(g) This Section does not apply to:
(1) land acquired by the County in connection with roads, streets, alleys, sidewalks, walkways, bridges, or drainage; or
(2) real property acquired by gift. (1994 L.M.C., ch. 30, § 1.)
Editor’s note—See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for developent districts.