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said if he had a constructive suggestion we
would accept it. We thought he was going
to do a real job. We thought it would be a
research job and not a snow job.
Compare the memorandum you got from
Delegate Kiefer with the memorandum you
saw from the Attorney General's office. The
Attorney General talked to people in Cali-
fornia and New York . T.hey said they
thought it would have been easier and it
would have expedited their roads programs
if they did not have to fool around with
this. I suppose that is so. If they did not
have to pay anybody anything, they could
do it more quickly, easily, and cheaply.
To figure the cost, you just add up the
injury. If you are willing to pay for the in-
jury, that is what the cost is. I suppose
from the kind of research we got from the
attorney general's office it could run from
zero to thirty billion because they did not
base it on anything.
There are cases in this area. It is not
pure speculation as to whether or not these
incidental matters will be included. The
Maryland Court of Appeals is not known
for its liberality in giving away the money
of the State of Maryland. The courts are
not unfamiliar with the word "damages".
It is in the main stream of Anglo-Saxon
jurisprudence. I am sure the courts can
handle it. If the circuit courts cannot do
it the Court of Appeals will help out.
I know we can do this. In some twenty-
six jurisdictions the courts in those states
have been able to handle this difficult prob-
lem. They have not given away the states.
The courts always help them out.
THE PRESIDENT: Delegate Kirkland.
DELEGATE KIRKLAND: Mr. Chair-
man, somewhere I have heard all this be-
fore so I would like to move the previous
question.
THE PRESIDENT: The question arises
on the motion to order the previous ques-
tion rising on Amendment No. 3.
A vote Aye is a vote in favor or order-
ing the previous question; a vote No is a
vote against.
All in favor signify by saying Aye; con-
trary, No. The Ayes have it. It is so or-
dered.
The question arises on the adoption of
Amendment No. 3. The Clerk will ring the
quorum bell.
The question arises on the adoption
of Amendment No. 3 to Committee Recom-
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mendation R&P-1 and R&P-2 as amended
by Report S&D-9. A vote Aye is a vote
in favor of Amendment No. 3; a vote No
is a vote against. Cast your vote.
Has every delegate voted ?
Delegate James Clark.
DELEGATE J. CLARK: Aye.
THE PRESIDENT: Delegate James
Clark votes Aye. Does any delegate desire
to change his vote?
The Clerk will record the vote.
There being 53 votes in the affirmative
and 67 in the negative, the motion fails
and the amendment is rejected.
Delegate James, do you now desire to
offer your Amendment V ?
DELEGATE JAMES: Yes.
THE PRESIDENT: The pages will please
distribute Amendment V. This will be
Amendment No. 4. The Clerk will read the
amendment.
READING CLERK: Amendment No. 4
to Committee Recommendation R&P-1 and
R&P-2 as amended by Report No. S&D-9 by
Delegate James and others: On page 4, sec-
tion 1.16, Eminent Domain, in line 34
after the word "compensation" add the
following words: "except that the al-
lowance of compensation for property dam-
aged but not taken for public use or pur-
poses shall be subject to any limitations
and restrictions that the General Assembly
may prescribe by law."
THE PRESIDENT: The amendment is
submitted by Delegate James and seconded
by the co-sponsors. The Chair recognizes
Delegate James.
DELEGATE JAMES: Mr. Chairman and
fellow members, the traditional law of con-
demnation for eminent domain in Maryland
has required that there be some sort of a
physical taking before the State could be
required to pay compensation to the proper-
ty owner. If there is a physical taking or a
physical invasion or a cutting off of the
right of access, then in that event, the State
would have to pay fair compensation under
standards set by the General Assembly.
Now, the adding of the words "or dam-
aged" introduces a new concept into the
law of eminent domain in Maryland, and it
introduces it in a way which is not free
from doubt.
Now, it may well be that in other states
a body of law has been developed which
might be a guideline to the Maryland
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