2828 ARTICLE 91.

the mayor and city council of Baltimore and the board of estimates, and
the price to be charged for new rights, franchises and easements similar
to those condemned, shall be the same as the amount of the condemnation
award.

The act of 1908, ch. 141, does not give state roads commission authority under
police power or otherwise to take' or disturb any interest or easement of any cor-
poration otherwise than by agreement, gift, grant, purchase or condemnation. Con-
struing acts of 1908, ch. 141, and 1910, ch. 116, together, commission may not require
a railway company to move its tracks at its own cost; intent of said acts was to
provide for entire cost of construction and improvement of such roads as might
be selected by commission as part of system of state roads; no part of expense was to
be borne by electric railway companies, whose rights act declares shall not be dis-
turbed. Agreement between state roads commission and United Railways &
Electric Company of Baltimore, construed; as such agreement was made with state
roads commission and work done by company was in accordance with former's
requirements, liability of parties for cost of work must be determined by act of
1908. That city could require the company to conform its tracks to a change of grade
of street is immaterial. United Rys. & Elec. Co. v. State Roads Com., 123 Md. 563.

This section and sec. 40, so far as they confer the power, and regulate procedure
of condemnation, were not repealed by adoption of art. 33A of Code, particularly in
view of sec. 15 of art. 33A. Koehler v. State Roads Com., 125 Md. 446.

This section referred to in construing sec. 57—see notes thereto. Weller v. Mueller,
120 Md. 640.

See notes to sec. 29.

An. Code, sec. 35. 1908, ch. 141, sec. 32C.

29. If the state roads commission shall determine that the public neces-
sity or convenience, or that the purposes of this act require that any turn-
pike, or part thereof, whether maintained as such by any turnpike com-
pany or otherwise, or whether formerly maintained as such and now aban-
doned by any turnpike company, or that any public road in whole or in
part in any county or counties, and forming a section of a through route
or continuous thoroughfare between two or more important points in the
State, should be taken charge of by said commission for the State for the
purposes of this act, then, as to such public road or abandoned or acquired
turnpike, whether acquired by purchase or condemnation, the said com-
mission shall file a certified copy of the plan thereof in the office of the
county commissioners for the county or the several counties in which said
section or sections of road or turnpike may be situated, and setting forth
its purpose to acquire and to take over the same, and said commission
thereupon, without any further procedure, shall acquire and take over any
such and all county roads, turnpikes or sections thereof or interests or
rights therein, as in its judgment may be necessary or proper for the pur-
pose of this act, and with full power to widen, relocate, change or alter
the grade or location thereof; and said commission shall have full power
so to take over and take possession of any county road or abandoned turn-
pike, and to accept by gift or surrender, and to acquire by purchase or
condemnation, any and all existing turnpikes or any sections thereof, or
any rights or interests therein, subject to any outstanding occupation, use
or franchise of any electric railway company or other public service cor-
poration ; and thereafter all highways, however acquired hereinunder, shall
be State highways and shall be constructed, improved and maintained by