CHAPTER 604
(Senate Bill 409)

AN ACT to propose an amendment to Section 40A of Article
3 of the Constitution of Maryland, title "Legislative De-
partment", to provide an optional procedure for land
acquisition for County road or street right-of-way in
Montgomery County, Maryland, and to submit this amend-
ment to the qualified voters of the State for adoption or
rejection.

SECTION 1. Be it enacted by the General Assembly of
Maryland, (Three-fifths of all members elected to each of
the two Houses concurring), That the following section be
and the same is hereby proposed as an amendment to Section
40A of Article 3 of the Constitution of Maryland, title
"Legislative Department", sub-title "Eminent Domain", the
same, if adopted by the legal and qualified voters of the
State as herein provided, to become Section 40A of Article
3 of the Constitution of Maryland.

40A. Same—Baltimore City,[.] and Montgomery County.

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 en-
titled to compensation, or into Court and securing the pay-
ment 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 IMPROVEMENTS.