(a) Except as provided in subsection (b) of this section, if the Commission is unable to acquire the property by negotiation, it shall certify the case to the board of property review for the county in which the property is located, as provided in the Maryland Rules.
(b) A case shall be filed as a condemnation case in the court for the county in which the property is located and may not be heard by a board of property review if:
(1) The Commission determines that valid, marketable title is unobtainable without a court proceeding; or
(2) A nonresident has an interest in the property and will not accept service of process and agree to the board’s jurisdiction.
Structure Maryland Statutes
Subtitle 3 - Acquisition and Disposition of Property
Part III - "Quick-Take" Condemnation by Commission -Board of Property Review Procedure
Section 8-319 - Location of Termini of Highway to Be Constructed or Reconstructed
Section 8-320 - Construction Plans, Plats, and Estimates -- Preparation
Section 8-321 - Construction Plans, Plats, and Estimates -- Approval, Signing, and Recording
Section 8-322 - Construction Plans, Plats, and Estimates -- Commission Records; Public Information
Section 8-323 - Petition for Condemnation; Payment of Estimates
Section 8-324 - Entry on Property
Section 8-325 - Negotiation With Property Owners
Section 8-326 - Certification to Board of Property Review; Filing Cases in Court
Section 8-327 - Boards of Property Review Generally
Section 8-328 - Performance of Duties of Board
Section 8-329 - Appeals From Board