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 prop-
erty, 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 immediate taking of property as it applies to the Mayor
and City Council of Baltimore on June 1, 1961, shall re-
main in force and effect to and including June 1, 1963, and
where such property is situated in Baltimore County and
is desired by Baltimore County, Maryland, the County Coun-
cil of Baltimore County, Maryland, may provide for the ap-
pointment of an appraiser or appraisers by a Court of Rec-
ord to value such property and that upon payment of the
amount of such evaluation, to the party entitled to compen-
sation, 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 Mont-
gomery County and in the judgment of and upon a finding
by the County Council of said County that there is immedi-
ate 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 a
licensed real estate broker appointed by the County Council
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 40A shall not apply in Montgomery County if
the property actually to be taken includes a building or
buildings'

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

i Added by Chapter 402, Acts of 1912, ratified November 4, 1913; amended by
Chapters 224 and 604, Acts of 1959, ratified Movember 8, 1960; amended by
Chapter 329, Acts of 1961, and Chapter 100, Acts of 1962 ratified November 6
1962.