§ 8-411

(a) (1) Notwithstanding the regulatory authorities that are provided by this subtitle, the Secretary, in the process of administering the Scenic and Wild Rivers Program, shall consider, protect, and ensure protection of the rights of property ownership.

(2) The Secretary may not adopt any regulation that would constitute a taking of a right of property ownership that violates the Constitution of the United States or the Maryland Constitution.

(b) The State may not acquire by eminent domain land in the scenic corridor of the wild segment of the Youghiogheny River without first proving that the acquisition is necessary to preserve the wild segment of the Youghiogheny River, as provided in this subtitle.