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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5111   View pdf image (33K)
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WICOMICO COUNTY. 5111

ment from the time of passage of the ordinance required in subdivision
two of this Section; provided, that if the proceedings are discontinued for
any reason the lien of such assessment shall be void ab mitio. Such assess-
ments may be collected as taxes are collected or by action of law.

(15) Upon payment, or tender and deposit in proper case, of all dam-
ages awarded, the title to the lands condemned shall pass to the Mayor
and Council of Salisbury to have and to hold as other lands are held for
public purposes.

(16) If the Council shall fail to determine to proceed with the pro-
posed improvement within the six months mentioned in sub-division (12)
of this Section, then the proceedings shall be null and void ab initio. But
if the Council shall determine to proceed with the proposed improvement
within the said time, then the proceedings shall be valid and binding, in
spite of irregularities, defects and errors therein, upon all persons and
corporations mentioned in the notice required by sub-division nine of this
Section, who have not filed an appeal as provided in sub-division eleven
of this Section and upon all property of such persons or corporation dam-
aged, taken or benefited by virtue of such proceedings, it being the inten-
tion of this sub-division to cure all defects in such proceedings as to all
persons and corporations except appellants, mentioned in the said notice
and as against all attack except by appeal as provided, and in case the
proceedings shall be held invalid as to an appellant they shall not be con-
sidered as invalid except as to that appellant; provided, that whenever
any proceedings shall be held invalid as to any person, the Mayor and
Council of Salisbury, shall, as soon after such holding as conveniently as
may be, proceed to institute, as to such persons, new proceedings, or to do
whatever else may be necessary, for the purpose of properly and fully
carrying into effect the plan of the improvements as laid out in the ordi-
nance required by sub-division two of this Section.

(17) In lieu of the provisions for the condemnation of property, as
set forth in the preceding sub-divisions of this Section, the proceedings
instituted by the Mayor and Council of Salisbury for the condemnation
of property may be as provided by Article 33-A, of the Annotated Code
of Maryland, regulating the procedure for the acquisition of property for
public use by condemnation, and all the rights, powers and privileges con-
ferred by said Article relating to the condemnation of property for public
use, are hereby expressly conferred upon and vested in the Mayor and
Council of Salisbury.

At any time after ten days following the return and recordation of the
verdict or award in said proceeding, or at any time after ten days follow-
ing the judgment in case an appeal is taken under sub-division eleven
hereof, the Mayor and Council of Salisbury may enter and take possession
of the property so condemned, upon first paying to the Clerk of the Cir-
cuit Court for Wicomico County the amount of said award and all costs
taxed to date, notwithstanding any appeal or further proceedings upon
the part of the defendant; at the time of said payment, however, it shall
give its corporate undertaking to abide by and fulfill any judgment on
such appeal or further proceedings.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5111   View pdf image (33K)
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