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Art. 3] MARYLAND MANUAL 711 1 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 may 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 adedd 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 therefore 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 1 Thus amended by Chapter 304, Acts of 1966, ratified November 8, 1966. |
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Maryland Manual, 1973-74
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