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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9325   View pdf image (33K)
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results. She opened it and out of the box flew all of
the evils that are on roan.
The only thing that stayed in the box was hope.
That is about the »tate of Maryland if the word "damaged"
is left in this section.
From the time that eminent domain proceedings
have started there has been the requirement that there
be a physical taking or at least a touching of the part
of the land which is involved before a taking is compen-
sible.
I have never so much as done a title for the
state's Road Commission of Maryland and I do not so much
as represent a utility which has any condemning powers.
There are provisions of this kind in about
25 states. In those states there has been a great body
of law built up which restricts the definition of
"damages". There is no such body of law in Maryland. The
question of damages is open to every kind of a construc-
tion that 24 different circuits in this state can put on
it and the Court of Appeals, and when you combine it
with the abolition of the doctrine of immunity of the



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9325   View pdf image (33K)
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