Section 1-302 - Reimbursement for damage to property.
§ 1-302. Reimbursement for damage to property.
(a) Damage to property prohibited.- An authorized person may not unnecessarily damage the property on which a survey station stands.
(b) Agreement on amount of damages.-
(1) Prior to entry on the property, an authorized person and the owner of the property shall agree on the amount to be paid for any damage to the property.
(2) On the completion of the work at the survey station, the authorized person shall promptly reimburse the owner of the property for any damage done to the property by the authorized person who entered on the property.
(c) Filing of bond.- If, prior to entry on the property, the authorized person and the owner of the property have not agreed on the amount to be paid for any damage to the property, the authorized person shall file a surety bond in the circuit court of the county in which the property is located in an amount to be approved by the court, conditioned on the payment of all damages and costs as provided under subsection (d) of this section.
(d) Determination of damages.-
(1) The circuit court shall appoint three appraisers who are residents of the county in which the property is located to determine the amount to be paid for any damage to the property.
(2) The proceedings for the ascertainment of damages shall be in accordance with the provisions of Title 8, Subtitle 3 of the Transportation Article relating to the acquisition of private property for a public purpose.
[An. Code 1957, art. 91, § 27; 1997, ch. 31, § 1.]