At any time after entry of a judgment for the plaintiff for the property condemned and awarding compensation to the defendant, the plaintiff may obtain possession of the condemned property by (1) paying to the defendant or to the clerk of the court for the use of the defendant the amount awarded the defendant and the costs as determined by the judgment and (2) if the defendant files a timely appeal and the plaintiff is a person other than the State or any of its subdivisions or instrumentalities, filing a bond in an amount and with a surety approved by the court. The bond shall be conditioned on the plaintiff paying the defendant, if the judgment is reversed on appeal, all damages the plaintiff causes the defendant by taking possession of and using the property before final determination of the appeal.
Md. R. Prop. Act'n 12-210
This Rule is derived from former Rule U23.
HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure U23, revised May 22, 1963, eff. June 1, 1963, amended eff. July 1, 1974, related to payment of award and costs, rescinded June 5, 1996, eff. Jan. 1, 1997.
See Maryland Constitution, Art. III, § 40 and Code, Real Property Article, §§ 12-102, 12-106, 12-108, 12-110, and 12-112.