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that the General Assembly can pass a law
for quick-take without it being authorized
by a provision in the Constitution?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: We are remov-
ing the prohibition, Delegate Sybert. It can
be regulated by the General Assembly and
this is what is done in other states
normally.
DELEGATE J. CLARK (presiding) :
Delegate Sybert.
DELEGATE SYBERT: I do not believe
there is any authority in the Maryland law
or in Maryland cases which would permit
the General Assembly to provide for a
quick take merely by statute or do you
know of any such Maryland authority?
DELEGATE KIEFER: Delegate Sybert,
I think we have to start with the proposi-
tion that the right to take property for
public use or purposes is a matter of the
sovereignty's basic right. What the pro-
hibition here is against is the absolute ex-
ercise of that right without just compensa-
tion and we have added to it.
Now, I know of no reason why the Gen-
eral Assembly in its wisdom cannot spell
out the procedures and mechanics for this
and the ground rules for it. All the present
Constitution does is to prohibit quick takes
and then there are four pages of excep-
tions to this.
DELEGATE J. CLARK (presiding) :
Delegate Sybert.
DELEGATE SYBERT: You feel then
under the inherent powers of the State as
a sovereign, it could take in any event and
that the present constitutional provision is
a limitation on that right, namely the re-
quirement of just compensation?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: This is not only
correct, but it was very carefully and fully
stated in a fairly recent case, the Ryder
case, I think it is, in 280 Maryland, or it
is 180 Maryland. It is a fairly recent case,
stating that this is the sovereign right and
the prohibition we have set out is to pro-
hibit the state action.
DELEGATE J. CLARK (presiding) :
Delegate Sybert? Are there any further
questions?
(There was no response.)
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If not, we will move to section 10. Are
there any questions on section 10?
(There was no response.)
If not, that concludes the questions on
R&P-1.
(President H. Vernon Eney resumed the
Chair.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Powers.
DELEGATE POWERS: Mr. Chairman,
I move that the Committee of the Whole
rise and adopt its Committee Recommenda-
tion EB-2 with amendments and further
report that it has not completed its con-
sideration of Committee Recommendation
R&P-1.
(The motion was duly seconded.)
THE CHAIRMAN: All those in favor
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.
(Whereupon, at 6:15 P.M., the Committee
of the Whole rose, and the Convention re-
convened.)
(The mace was replaced by the Sergeant-
at-Arms.)
PLENARY SESSION
DECEMBER 9, 1967—6:15 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE PRESIDENT: On behalf of the
Committee of the Whole, the Chair reports
that the Committee has approved Commit-
tee Recommendation EB-2 with amend-
ments. Committee Recommendation EB-2 is
referred to the Committee on Style, Draft-
ing and Arrangement.
The Committee of the Whole further re-
ports it has under consideration Committee
Recommendation R&P-1, that it still has
it under consideration and it desires to sit
again.
Are there any announcements necessary
to be made by committee chairmen?
Delegate Penniman?
DELEGATE PENNIMAN: There will
be a meeting of the Committee on Style
at 10:00 A.M. on Monday.
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