Article III
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 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 evalua-
tion, to the party entitled to compensation, or
into Court, and securing the payment of any fur-
ther 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 a licensed real es-
tate 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 subse-
quently be awarded by a jury. In the various mu-
nicipal corporations within Cecil County, where
in the judgment of and upon a finding by the
governing body of said municipal corporation
that there is immediate need therefor for right of
way for municipal roads, streets and extension of
municipal water and sewage facilities, 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 governing body shall
estimate to be a fair market value of such proper-
ty, provided that the municipal corporation shall
secure the payment of any further sum that sub-
sequently 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 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 en-
titled to such compensation, except that where
such property in the judgment of the State Roads
Commission is needed by the State for highway
purposes, the General Assembly may provide that
such property may be taken immediately upon
" Added by Chapter 607, Acts of 1941, ratified November 3,
1942. |
Constitution oj' Maryland/809
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 prop-
erty, provided such legislation also requires the
payment of any further sum that may subse-
quently 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 en-
titled to such compensation, except that where
such property, located in Prince George's County
in this State, is in the judgment of the Washing-
ton Suburban Sanitary Commission needed for
water supply, sewerage and drainage systems to
be extended or constructed by the said Commis-
sion, the General Assembly may provide that
such property, except any building or buildings
may be taken immediately upon payment therefor
by the 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 condemning authority shall estimate to be
the fair value of said property, provided such leg-
islation requires that the condemning 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 accepted by a Court of Record of this State,
and also requires the payment of any further sum
that may subsequently be awarded by a jury, and
provided such legislation limits the condemning
authority's utilization of the acquisition proce-
dures specified in this section to occasions where
it has acquired or is acquiring by purchase or
other procedures one-half or more of the several
takings of land or interests in land necessary for
any given water supply, sewerage or drainage ex-
tension or construction project.
SEC. 40D." Vacant.
SEC. 41." Vacant.
SEC. 42.^ Vacant.
SEC. 43. The property of the wife shall be pro-
tected from the debts of her husband.
" Added by Chapter 781, Acts of 1965, ratified November 8,
1966.
" Repealed by Chapter 683, Acts of 1977, ratified November 8,
1978.
" Repealed by Chapter 681, Acts of 1977, ratified November 7,
1978.
" Transferred to Article 1, sec. 7, by Chapter 681, Acts of
1977, ratified November 7, 1978. |