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DELEGATE JAMES: Mr. Chairman, it
is time to put in a plea for mercy from
the curse of future amendments.
I would like to make such a plea.
DELEGATE J. CLARK ^ (presiding) :
Do you want to add to it or just state it?
Delegate Gilchrist, do you desire to sub-
mit your amendment?
DELEGATE GILCHRIST: I do, sir.
(President H. Vernon Eney resumed the
Chair.)
THE CHAIRMAN: Pages will please
distribute Amendment W. This will be
Amendment No. 20. The Clerk will read the
amendment.
READING CLERK: Amendment No. 20
to Committee Recommendation R&P-1 by
Delegate Gilchrist:
On page 4, section 9, Limitations on
State Action, in lines 17 and 18 strike out
the following words: "or damaged".
THE CHAIRMAN: The amendment is
offered by Delegate Gilchrist. Is there a
second?
(The amendment was seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Gilchrist.
DELEGATE GILCHRIST: There is one
word to which I object very strenuously.
The word "damaging" which appears in
the amendment is unquestionably the most
expensive word which is in this con-
stitution.
There have been several references ear-
lier in this Convention to Pandora's box
having been opened. Pandora is in Greek
mythology and she was the first woman.
She was cautioned not -to open the box
because of what might happen, but was
not told what was in it or the results. She
opened it and out of the box flew all of
the evils that are on man.
The only thing that stayed in the box
was hope. That is about all that is left to
the State of Maryland if the word "dam-
ages" is left in this section.
From the time that eminent domain pro-
ceedings have started there has been the
requirement that there be a physical tak-
ing or at least a touching of the part of
the land which is involved before a taking
is compensable.
I have never so much as done a title for
the State Road Commission of Maryland
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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 construction that 24 different circuits
and the Court of Appeals in this State can
put on it. When you combine it with the
abolition of the doctrine of immunity of
the sovereign from suit which follows
later, you have what is unquestionably the
most proliferate breeder of litigation that
has come up in many, many years.
I should like to inquire what is meant
by damage? Does this mean that if a road
is relocated, the owner of the business
which is located on the old road can go
to the State seeking compensation because
the value of his property as a business has
been diminished? Does it mean that if the
grade of a road is changed, that you are
damaged? Does it mean that if a power
company erects a line near your property
and your view is not quite what it used to
be, you are damaged because your property
is less desirable, less useful or less valu-
able, which are the definitions used by the
states in which this provision is in effect?
Much of the damage which results in
situations of this kind cannot possibly rise
above the area of speculation and specula-
tion is an element of damage which has
always been rejected in these courts.
The State Roads Commission of Mary-
land, I found on looking at the budget,
spent 22 million dollars last year for the
acquisition of rights of way. They will
spend much more than 22 million for the
acquisition of rights of way if when they
apply them, they have to take into con-
sideration damages to people who are not
on the roads, not even touched by them.
Without thinking of the situation as it
applies to municipalities, as it applies to
counties, and as it applies to all of the
other authorities and utilities in this state
which exercise eminent domain rights, I
want to ask where does this money come
from?
This money comes from the people of
Maryland. You are the people who have to
pay for this. And you are the people who
will have to pay for the litigation which
is bred by a word like this.
I cannot believe that this Convention
could possibly subject the State to this
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