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Conceivably the damage might occur not by
reason of taking but by reason of construc-
tion of a road and could be a later date
but we mean in this case the time of dam-
age to the property and at the time of the
damage to the property must occur on or
after July 1, 1969, for a person to have
access to this provision.
DELEGATE JAMES (presiding) : Dele-
gate Robie, do you have a question? Ex-
cuse me. I thought Delegate Johnson had
completed his question. Wait until Delegate
Johnson completes his question.
DELEGATE JOHNSON: Is it not a
fact there could be a taking July 1, 1968,
and some damage resulting to an adjoin-
ing property and this damage or alleged
damage would continue until 1969 or 1970
and that the individual who claims "dam-
age," could still bring the suit even though
the alleged taking took place the year be-
fore as long as the damage was in effect
as long as the damage continued?
DELEGATE HARDWICKE : No, it is
when the cause of action arises.
DELEGATE JAMES (presiding) : Dele-
gate Johnson.
DELEGATE JOHNSON: Suppose the
individual did not claim damage until July
1, 1969, even though perhaps technically
he could have claimed damage prior to
that time?
DELEGATE HARDWICKE: As I see it,
it is computed exactly like the statute of
limitations on contract actions or tort ac-
tions. You compute your time from the
time the cause of action is created or arises
and it is to causes of action with respect
to damage that occurs prior to July 1, 1969.
They shall not be entitled to claim under
the damage section of the new constitution
but if the cause of action with respect to
damages occurs on or after July 1, 1969,
they shall be entitled to damages.
DELEGATE JAMES (presiding) : Dele-
gate Robie.
DELEGATE ROBIE: Did I understand
you that there would be one session of the
General Assembly? As I read it, this would
be two.
DELEGATE HARDWICKE: There
would be only one section under the new
constitution, while the 1968 session of the
General Assembly is under the old Con-
stitution.
DELEGATE ROBIE: You are right,
thank you.
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DELEGATE JAMES (presiding) : Are
there any further questions?
(There was no response.)
Proceed, Delegate Hardwicke.
DELEGATE HARDWICKE: In Para-
graph B —
DELEGATE JAMES (presiding) : Dele-
gate White has a question.
DELEGATE WHITE: Mr. Chairman, I
was wondering if this Convention has the
authority to change the effective date of
this provision.
DELEGATE HARDWICKE: Delegate
White, that question goes to the whole es-
sence of the transitional provisions. We
have the authority under section 16 of the
Enabling Act, to provide that various sec-
tions of the constitution shall go into effect
at various times.
Second it is within our power as the in-
struments of the people of Maryland sitting
in Constitutional Convention to provide that
the constitution shall go into effect at vari-
ous times.
DELEGATE WHITE: The reason I ask
the question is it appears that maybe we
are putting the effective date off just a bit
too long. I do not have enough information
to make a sound judgment on it. I would
like to have some comment on it. Why are
we actually making it effective in 1969?
DELEGATE JAMES (presiding) : Could
the Chair interpose here? If you are put-
ting a standard of damage as to the legis-
lature and the legislature never defined
measure of damage, you can have no dam-
ages under the constitution as the chair
sees it. What is your comment on that,
Delegate Hardwicke?
DELEGATE HARDWICKE: That is
perfectly correct. Without this provision
when this constitution goes into effect, this
summer, July 1 coming up, the legislature
will presumably not be sitting and they
will not have made any arrangements or
regulations by law with regard to this
thing we said they shall make regulations
for and we want to give them one session
in which to act on the subject.
DELEGATE WHITE: We have had
some discussions as to the possible need for
the General Assembly to sit continuously in
order to get this job done. I wonder if
this becomes effective next summer if they
could not begin sitting sooner than the
next session of the house in January.
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