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694 MARYLAND MANUAL [Art. 3 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. In the various municipal corporations within Cecil County, where in the judgment of and upon a finding by the govern- ing body of said municipal corporation that there is imme- diate need therefor for right of way for municipal roads, streets and extension of municipal water and sewage facil- ities, the governing body 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 particular gov- erning body shall estimate to be a fair market value of such property, provided that the municipal corporation shall secure the payment of any further sum that subsequently may be awarded by a jury. This section 40A shall not apply in Montgomery County or any of the various municipal corporations within Cecil 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 such legislation also requires the payment of any further sum that may subsequently be awarded by a jury. ^ SEC. 40C. 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, except that 'Added by Chapte 807, Acts of 1941. ratified November 8, 184,2. » Added by Chapter 781, Acts» of 1965, ratifed November 8. 1966. |
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Maryland Manual, 1969-70
| Volume 174, Page 594 View pdf image (33K) |
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