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Volume 664, Page 34   View pdf image (33K)
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CONSTITUTIONAL CONVENTION OF MARYLAND

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

paid, or tendered, to the party entitled to

not taken for public use or purposes shall be

such compensation.

subject to any reasonable limitations and re-


strictions that the General Assembly may


prescribe by law.

Sec. 40A. The General Assembly shall


enact no law authorizing 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, but where such prop-


erty is situated in Baltimore City and is


desired by this State or by the Mayor and


City Council of Baltimore, the General


Assembly may provide that such property


may be taken immediately upon payment


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 Baltimore, as the case may be, shall


estimate to be the fair value of said prop-


erty, provided such legislation also requires


the payment 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 prop-


erty 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 property 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 ap-


praiser or appraisers by a Court of Record


to value such property and that upon pay-


ment of the amount of such evaluation, to


the party entitled to compensation, or into


Court, and securing the payment of any


further sum that may be awarded by a jury,


such property may be taken; and where


such property is situated in Montgomery


County and in the judgment of and upon


a finding by the County Council of said


County that there is immediate need there-


for 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


appointed by the County Council shall esti-


mate to be the fair market value of such


property, provided that the Council shall


secure the payment of any further sum


that may subsequently be awarded by a


34


 

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