Maryland Code § PU-5-404

Section PU-5-404
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(a) (1) In this section the following words have the meanings indicated.
(2) "Oil pipeline corporation" means a corporation of this State, any
other state, or the United States, that is:
(i) engaged in the business of transporting refined petroleum
products by pipeline as a common carrier public service corporation; and
(ii) subject to the jurisdiction of either the United States
Department of Energy (Federal Energy Regulatory Commission) or the Commission.
(3) (i) "Property" means real property in fee simple or any lesser
right, interest, or estate that is necessary for the intrastate or interstate purposes of
the oil pipeline corporation or both.
(ii) "Property" includes:
1. privately owned property;
2. property owned by a public body; and

3. property devoted to public use if an acquisition
under this section does not materially interfere with that public use.
(b) An oil pipeline corporation that is operating an oil pipeline that existed
in the State on or before July 1, 1978, may acquire by condemnation, in accordance
with Title 12 of the Real Property Article, any property necessary to:
(1) operate those existing oil pipelines and appurtenances; or
(2) construct and operate additional oil pipelines and appurtenances
along, on, adjacent to, or incidentally deviating not more than 50 feet from the routes
followed by the corporation's existing rights-of-way.
(c) The right to acquire property under this section may be exercised only
in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Montgomery, and
Prince George's counties and Baltimore City.
(d) (1) An oil pipeline corporation shall restore to its original condition
any property used for construction or maintenance of a pipeline.
(2) (i) Except as provided in subparagraph (ii) of this paragraph,
the construction or maintenance of the pipeline and the restoration of the property
shall be completed within 7 days after the start of the construction or maintenance
on that parcel of property.
(ii) If weather conditions or the nature of the terrain make
completion within 7 days unfeasible, the oil pipeline corporation shall complete the
construction or maintenance of the pipeline and the restoration of the property within
30 days.
(e) (1) The right to acquire property under this section may not be
exercised unless the oil pipeline corporation, whether or not it is otherwise subject to
the jurisdiction of the Commission, first obtains an order from the Commission
finding the acquisition to be in the public interest.
(2) Before the Commission makes a finding and issues an order
under this subsection, the Commission shall hold a public hearing.
(3) The oil pipeline corporation shall give written notice of the public
hearing to all affected property owners.
(f) This section does not affect any other law of the State that applies
generally or specifically to oil pipeline corporations.

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