or appraisers by a Court of Record to value such property
and that upon payment of the amount of such evaluation,
to the party entitled to compensation, or into Court, and
securing the payment of any further sum that may be
awarded by a jury, such property may be taken.] (1)

[SEC. 40A. The General Assembly shall enact no law-
authorizing private property to be taken for public use
without just Compensation, to be agreed upon between the
parties, or awarded by a Jury, being first paid or tendered
to the party entitled to such compensation, but where such
property is situated in Baltimore City and is desired by
this State or by the Mayor and City Council of Baltimore,
the General Assembly may provide for the appointment of
appraisers by a Court of Record to value such property, and
that, upon payment of the amount of such valuation to the
party entitled to compensation, or into Court and securing
the payment of any further sum that may be awarded by a
jury, such property may be taken; and where such property
is situated in Montgomery County and in the judgment of
and upon a finding by the County Council of said County
that there is immediate need therefor for right of way for
County roads or streets, the County Council may provide
that such property may be taken immediately upon payment
therefor to the owner or owners thereof, or into court, such
amount as an appraiser appointed by a Court of Record
shall estimate to be the fair market value of such property,
provided that the Council shall secure the payment of any
further sum that may subsequently be awarded by a jury.
This section shall not apply in Montgomery County if the
property actually to be taken includes buildings or improve-
ments.?

SEC. 40B. The General Assembly shall enact no law au-
thorizing private property to be taken for public use with-
out Just compensation, to be agreed upon between the par-
ties or awarded by a jury, being first paid or tendered to
the party entitled to such compensation, except that where
such property in the judgment of the State Roads Commis-
sion is needed by the State for highway purposes the Gen-
eral Assembly may provide that such property may be tak-
en immediately upon payment therefor to the owner or
owners thereof by said State Roads Commission or into
Court, such amount as said State Roads Commission shall
estimate to be of the fair value of said property, provided

(1) This amendment was submitted by Chapter 224, Acts of 1959, to be voted upon
by the voters in November, 1960.

(2) This amendment was submitted by Chapter 604, Acts of 1959, to be acted
upon by the voters in November, 1960.