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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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paid, or tendered, to the party entitled to
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not taken for public use or purposes shall be
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such compensation.
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subject to any reasonable limitations and re-
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strictions that the General Assembly may
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prescribe by law.
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Sec. 40A. The General Assembly shall
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enact no law authorizing private property
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to be taken for public use without just
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compensation, to be agreed upon between
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the parties, or awarded by a jury, being
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first paid or tendered to the party entitled
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to such compensation, but where such prop-
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erty is situated in Baltimore City and is
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desired by this State or by the Mayor and
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City Council of Baltimore, the General
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Assembly may provide that such property
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may be taken immediately upon payment
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therefor to the owner or owners thereof by
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the State or by the Mayor and City Council
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of Baltimore, or into court, such amount
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as the State or the Mayor and City Council
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of Baltimore, as the case may be, shall
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estimate to be the fair value of said prop-
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erty, provided such legislation also requires
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the payment of any further sum that may
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subsequently be added by a jury; and
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further provided that the authority and
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procedure for the immediate taking of prop-
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erty as it applies to the Mayor and City
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Council of Baltimore on June 1, 1961, shall
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remain in force and effect to and including
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June 1, 1963, and where such property is
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situated in Baltimore County and is desired
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by Baltimore County, Maryland, the County
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Council of Baltimore County, Maryland, may
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provide for the appointment of an ap-
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praiser or appraisers by a Court of Record
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to value such property and that upon pay-
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ment of the amount of such evaluation, to
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the party entitled to compensation, or into
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Court, and securing the payment of any
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further sum that may be awarded by a jury,
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such property may be taken; and where
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such property is situated in Montgomery
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County and in the judgment of and upon
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a finding by the County Council of said
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County that there is immediate need there-
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for for right of way for County roads or
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streets, the County Council may provide
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that such property may be taken immedi-
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ately upon payment therefor to the owner
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or owners thereof, or into Court, such
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amount as a licensed real estate broker
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appointed by the County Council shall esti-
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mate to be the fair market value of such
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property, provided that the Council shall
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secure the payment of any further sum
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that may subsequently be awarded by a
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