762/Maryland Manual
SEC. 36. No Lottery grant shall ever hereafter be autho-
rized by the General Assembly, unless it is a lottery to be oper-
ated by and for the benefit of the State.
SEC. 37. 62 Vacant.
SEC. 38. No person shall be imprisoned for debt, but a val-
id decree of a court of competent jurisdiction or agreement ap-
proved by decree of said court for the support of a spouse or de-
pendent children, or for the support of an illegitimate child or
children, or for alimony (either common law or as defined by
statute), shall not constitute a debt within the meaning of this
section.
SEC. 39. The books, papers and accounts of all banks shall
be open to inspection under such regulations as may be pre-
scribed by law.
SEC. 40. The General Assembly shall enact no Law authoriz-
ing private property to be taken for public use without just com-
pensation, as agreed upon between the parties, or awarded by a
jury, being first paid or tendered to the party entitled to such
compensation.
SEC. 40A. The General Assembly shall enact no law au-
thorizing private property to be taken for public use without just
compensation, to be agreed upon between the parties, or
awarded by a jury, being first paid or tendered to the party enti-
tled to such compensation, but where such property is situated
in Baltimore City and is desired by this State or by the Mayor
and City Council of Baltimore, the General Assembly may pro-
vide that such property may be taken immediately upon pay-
ment therefor to the owner or owners thereof by the State or by
the Mayor and City Council of Baltimore, or into court, such
amount as the State or the Mayor and City Council of Balti-
more, as the case may be, shall estimate to be the fair value of
said property, provided such legislation also requires the pay-
ment of any further sum that may subsequently be added by a
jury; and further provided that the authority and procedure for
the immediate taking of property as it applies to the Mayor and
City Council of Baltimore on June 1, 1961, shall remain in force
and effect to and including June 1, 1963, and where such proper-
ty is situated in Baltimore County and is desired by Baltimore
County, Maryland, the County Council of Baltimore County,
Maryland, may provide for the appointment of an appraiser or
appraisers by a Court of Record to value such property and that
upon payment of the amount of such evaluation, to the party en-
titled to compensation, or into Court, and securing the payment
of any further sum that may be awarded by a jury, such proper-
ty may be taken; and where such property is situated in Mont-
gomery County and in the judgment of and upon a finding by
the County Council of said County that there is immediate need
therefor for right of way for County roads or streets, the County
Council may provide that such property may be taken immedi-
ately upon payment therefor to the owner or owners thereof, or
into court, such amount as a licensed real estate broker ap-
pointed by the County Council shall estimate to be the fair mar-
ket value of such property, provided that the Council shall se-
cure the payment of any further sum that may subsequently be
awarded by a jury. In the various municipal corporations within
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Article III
Cecil County, where in the judgment of and upon a finding by
the governing body of said municipal corporation that there is
immediate need therefor for right of way for municipal roads,
streets and extension of municipal water and sewage facilities,
the governing body may provide that such property may be tak-
en immediately upon payment therefor to the owner or owners
thereof, or into court, such amount as a licensed real estate bro-
ker appointed by the particular governing body shall estimate to
be a fair market value of such property, provided that the mu-
nicipal corporation shall secure the payment of any further sum
that subsequently may be awarded by a jury. This section 40A
shall not apply in Montgomery County or any of the various
municipal corporations within Cecil County, if the property ac-
tually to be taken includes a building or buildings.
SEC. 40B. The General Assembly shall enact no law au-
thorizing private property to be taken for public use without just
compensation, to be agreed upon between the parties or awarded
by a jury, being first paid or tendered to the party entitled to
such compensation, except that where such property in the judg-
ment of the State Roads Commission is needed by the State for
highway purposes, the General Assembly may provide that such
property may be taken immediately upon payment therefor to
the owner or owners thereof by said State Roads Commission,
or into Court, such amount as said State Roads Commission
shall estimate to be of the fair value of said property, provided
such legislation also requires the payment of any further sum
that may subsequently be awarded by a jury.
SEC. 40C. The General Assembly shall enact no law au-
thorizing private property to be taken for public use without just
compensation, to be agreed upon between the parties or awarded
by a jury, being first paid or tendered to the party entitled to
such compensation, except that where such property, located in
Prince George's County in this State, is in the judgment of the
Washington Suburban Sanitary Commission needed for water
supply, sewerage and drainage systems to be extended or con-
structed by the said Commission, the General Assembly may
provide that such property, except any building or buildings
may be taken immediately upon payment therefor by the con-
demning authority to the owner or owners thereof or into the
Court to the use of the person or persons entitled thereto, such
amount as the condemning authority shall estimate to be the fair
value of said property, provided such legislation requires that
the condemning authority's estimate be not less than the ap-
praised value of the property being taken as evaluated by at least
one qualified appraiser, whose qualifications have been accepted
by a Court of Record of this State, and also requires the pay-
ment of any further sum that may subsequently be awarded by a
jury, and provided such legislation limits the condemning au-
thority's utilization of the acquisition procedures specified in this
section to occasions where It has acquired or is acquiring by
purchase or other procedures one-half or more of the several
takings of land or interests in land necessary for any given water
supply, sewerage or drainage extension or construction project.
SEC. 40D. 68 Vacant.
SEC. 41. 69 Vacant.
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"Amended by Chapter 364, Acts of 1972, ratified Nov. 7, 1972.
"Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"Amended by Chapter 14, Acts of 1950, ratified Nov. 7, 1950; Chapter 121, Acts of 1962, ratified Nov. 6, 1962; Chapter 321, Acts of
1982, ratified Nov. 2, 1982.
"Amended by Chapter 151, Acts ofSp. Sess. of 1936, ratified Nov. 3, 1936.
"Amended by Chapter 402, Acts of 1912, ratified Nov. 4, 1913; Chapters 224 and 604, Acts of 1959, ratified Nov. 8, 1960; Chapter
329, Acts of 1961, ratified Nov. 6, 1962; Chapter 100, Acts of 1962, ratified Nov. 6, 1962; Chapter 304, Acts of 1966, ratified Nov. 8,
1966.
"Added by Chapter 607, Acts of 1941, ratified Nov. 3, 1942.
"Added by Chapter 781, Acts of 1965, ratified Nov. 8, 1966.
""Repealed by Chapter 683, Acts of 1977, ratified Nov. 7, 1978.
"Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
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