[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 9-19-1988 by HB No.
7-88. Amendments noted where applicable.]
All proceedings for the acquisition of private property for
public use by condemnation shall be in accordance with those established
in Title 12 of the Real Property Article of the Annotated Code of
Maryland and Subtitle U of the Maryland Rules, except as hereinafter
provided.
If the City determines that it is necessary to take possession
of real property within the City on an expedited basis, it may acquire
such property by condemnation under the quick-take provisions contained
in this chapter, after making every reasonable and good faith effort
to negotiate its purchase with the owner of the property.
To condemn property under this chapter, the City shall:
A.
File a petition for condemnation in the Circuit Court for Prince
George's County, Maryland; and
B.
Pay to the owner of the property or into the Court for the owner's
benefit the amount that the City estimates to be the fair value of
the property to be acquired and fair compensation for any damage resulting
to the remaining property of the owner.
After the petition is filed and payment is made under § 56-3, the City may take immediate possession of the property to be acquired and use it in any lawful manner.
On written request to the Clerk of the Court, the property owner
shall be entitled to receive any amount paid into the Court for his
benefit, without prejudice to any of his rights, if he thereby agrees
to repay to the City any excess of that amount over any final award
that is allowed him in any subsequent condemnation proceedings.
A payment made under § 56-3 does not limit in any way the amount of any final award that may be allowed in any subsequent condemnation proceedings.
At the conclusion of any subsequent condemnation proceedings, the City shall pay to the property owner any excess of any final award over the amount paid under § 56-3.
