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Maryland Manual, 1971-72
Volume 175, Page 738   View pdf image (33K)
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738 MARYLAND MANUAL
as Section 40D, to follow immediately after 40G of said
Article, providing for an optional procedure for the acqui-
sition of land and interests in land in Montgomery County
by the Washington Suburban Sanitary Commission for
the construction and extension of water supply, sewerage
and drainage systems, and to provide for the submission
of said amendment 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 new Section
40D, to follow immediately after Section 40C of Article III,
be and the same is hereby proposed as an amendment to
Article III of the Constitution of Maryland, the same if
adopted by the legal and qualified voters of the State as
herein provided, to become a part of the Constitution of
Maryland.
40D. Eminent Domain—Water, Sewerage and Drainage
Systems of the Washington Suburban Sanitary
Commission in 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, except that where such prop-
erty, located in Montgomery County in this State, is in the
judgment of the Washington Suburban Sanitary Commis-
sion needed for water supply, sewerage and drainage sys-
tems to be extended or constructed by the Commission, the
General Assembly may provide that such property, except
any building or buildings, may be taken immediately upon
payment therefor by that condemning authority to the
owner or owners thereof, or into the Court to the use of the
person or persons entitled thereto, such amount as the con-
demning authority shall estimate to be the fair value of said
property, provided such legislation requires that the con-
demning authority's estimate be not less than the appraised
value of the property being taken as evaluated by at least
one qualified appraiser, whose qualifications have been ac-
cepted by a Court of Record of this State, requires the pay-
ment of any further sum that may subsequently be awarded
by a jury, and provides that prior to the implementation of
any immediate taking by the Commission through the filing
of a declaration thereof in Court the resolution of the Com-
mission proposing that taking is transmitted to the County

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Maryland Manual, 1971-72
Volume 175, Page 738   View pdf image (33K)
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