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without it being physically taken and what this concept
does is recognize that a property can be damaged and can
be damaged without it being physically taken.
Now, the implementation lies with the legisla-
ture and with the courts but I read to you the other
night, and I would like to read it again, the basic con-
cept of what damages we are talking about and this comes
from the eminent authority Nichols on Eminent Domain.
Delegate Gilchrist said all kinds of cases
will develop. All of the states that have gone into this
said this offers an orderly method of compensation for
the property owners who are particularly damaged.
Damage is a physical disturbance of a right,
either public or private which the owner of a parcel of
land enjoys in connection with his property or which gives
it additional value and that by reason of such distur-
bance he has sustained a special damage with respect to
his property in excess of that sustained by the public
generally.
This was submitted to the City of Baltimore,
Asisstant Solicitor. There was a great deal of