MARVIN MANDEL, Governor                             2339

economic welfare of the westernmost counties of Maryland
the State Roads Commission is authorized to acquire by
purchase, gift or condemnation real property or any
interest in such property adjacent to or near U.S. Route
40 between Hancock in Washington County and the
Pennsylvania line in Garrett County for the purpose of
providing areas suitable for roadside parks and
recreational areas, provided that such authorization
shall be limited to ten roadside parks and recreational
areas each not to exceed an area of twenty acres, and
provided further that no such area shall be acquired by
the State Roads Commission until written approval is
received from the Department of natural Resources to the
effect that the land is appropriate for and will be
developed by said Department as a park or recreational
area.

The State Roads Commission may not acquire such
property other than by purchase or gift unless the
Commission, determines that the property is necessary in
its judgment for such roadside parks or recreational
areas, the acquisition by condemnation to be in
accordance with the provisions of Title 12 of THE REAL
PROPERTY Article [21] of [this] THE Code.

10.

In cases where the state Roads Commission decides to
construct a new highway or decides to make a major
improvement to an existing highway, the Commission shall
adhere to the hereinafter described procedure for
acquiring, by condemnation, land and property rights for
such highway construction or improvement. Insofar as
practicable, the Commission shall use such condemnation
procedure in acquiring rights—of—way and property rights
for major highway construction or reconstruction, but in
cases where the Commission deems the procedure
inappropriate, it shall not be precluded from acquiring
property under the provisions of the appropriate sections
of this article and Title 12 of THE REAL PROPERTY Article
[21] of [this] THE Code.

18.

In the event either the Commission or the property
owner shall be dissatisfied with the findings and award
of the board of property review either shall have the
right of appeal to the circuit court for the county or
the Superior Court for Baltimore City, as the case may
be, in whichever jurisdiction the property is situated.
Upon appeal the case shall be heard and determined under
the procedure set forth in this article and Title 12 of
THE REAL PROPERTY Article [21] of [this] THE Code, If
the Commission shall have failed to acquire title to the
property and ascertained the amount to be paid for same