General Assembly may provide for the appointment of ap-
praisers 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 Baltimore County and is desired by Baltimore
County, Maryland, the County Council of Baltimore County,
Maryland, may provide for the appointment of an appraiser
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; 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 pay-
ment 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 build-
ings or improvements'

[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 that such property be taken
immediately upon payment therefor to the owner or owners
thereof by the State or by the Mayor and City Council of
Baltimore, or into court, such amount as the State or the
Mayor and City Council of Baltimore, as the case may be,
shall estimate to be the fair value of said property, provided
such legislation also requires the payment of any further
sum that may subsequently be added by a jury; and further
provided that the authority and procedure for the immedi-
ate taking of property as it applies to the Mayor and City
Council of Baltimore on June 1, 1961, shall remain in force

' Thus amended by Chapters 224 and 604, Acts of 1859, ratified November 8, 1960.