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Maryland Manual, 1981-82
Volume 180, Page 676   View pdf image (33K)
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676/Maryland Manual

various municipal 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 munici-
pal 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 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.64 The General Assembly shall enact no
law authorizing private property to be taken for public
use without just compensation, to be agreed upon be-
tween the parties 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 Commission is needed by the State for
highway purposes, the General Assembly may provide
that such property may be taken immediately upon pay-
ment 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.65 The General Assembly shall enact no
law authorizing private property to be taken for public
use without just compensation, to be agreed upon be-
tween the parties or awarded by a jury, being first paid
or tendered to the party entitled to such compensation,
except that where such property, located in Prince
George's County in this State, is in the judgment of the
Washington Suburban Sanitary Commission needed for
water supply, sewerage and drainage systems to be ex-
tended or constructed by the said Commission, the
General Assembly may provide that such property, ex-
cept any building or buildings may be taken immediate-
ly 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 legisla-
tion requires that the condemning authority's estimate
be not less than the appraised value of the property be-
ing taken as evaluated by at least one qualified apprais-
er, 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
procedures specified in this section to occasions where it
has acquired or is acquiring by purchase or other proce-

64 Added by Chapter 607, Acts of 1941, ratified November 3,
1942.
65 Added by Chapter 781. Acts of 1965, ratified November 8,
1966.

Article III

dures one-half or more of the several takings of land or
interests in land necessary for any given water supply,
sewerage or drainage extension or construction project.

SEC.40D.66 Vacant.
SEC.41.67 Vacant.
SEC. 42.68 Vacant.

SEC. 43. The property of the wife shall be protected
from the debts of her husband.

SEC. 44.69 Laws shall be passed by the General As-
sembly, to protect from execution a reasonable amount
of the property of the debtor.

SEC. 45.70 The General Assembly shall provide a
simple and uniform system of charges in the offices of
Clerks of Courts and Registers of Wills, in the Counties
of this State and the City of Baltimore, and for the col-
lection thereof; provided, the amount of compensation
to any of the said officers in the various Counties and
in the City of Baltimore shall be such as may be pre-
scribed by law.

SEC. 46. The General Assembly shall have power to
receive from the United States, any grant, or donation
of land, money, or securities for any purpose designated
by the United States, and shall administer, or distribute
the same according to the conditions of the said grant.

SEC.47.71 Vacant.

SEC. 48.72 Corporations may be formed under gen-
eral laws, but shall not be created by Special Act, ex-
cept for municipal purposes and except in cases where
no general laws exist, providing for the creation of cor-
porations of the same general character, as the corpora-
tion proposed to be created; and any act of incorpora-
tion passed in violation of this section shall be void. All
charters granted, or adopted in pursuance of this sec-
tion, and all charters heretofore granted and created,
subject to repeal or modification, may be altered, from
time to time, or be repealed; Provided, nothing herein
contained shall be construed to extend to Banks, or the
incorporation thereof. The General Assembly shall not
alter or amend the charter, of any corporation existing
at the time of the adoption of this Article, or pass any
other general or special law for the benefit of such cor-
poration, except upon the condition that such corpora-
tion shall surrender all claim to exemption from taxa-
tion or from the repeal or modification of its charter,
and that such corporation shall thereafter hold its char-

66 Repealed by Chapter 683, Acts of 1977, ratified November 7,
1978.
67 Repealed by Chapter 681, Acts of 1977, ratified November 7,
1978.
''' Transferred to Article I, sec. 7, by Chapter 681, Acts of
1977, ratified November 7, 1978.
'''' Thus amended by Chapter 549, Acts of 1976, ratified No-
vember 2, 1976.
70 Thus amended by Chapter 509, Acts of 1941, ratified No-
vember 3, 1942.
71 Transferred to Article I, sec. 8, by Chapter 681, Acts of
1977, ratified November 7, 1978.
72 Thus amended by Chapter 195, Acts of 1890, ratified No-
vember 3,1891.

 



 
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Maryland Manual, 1981-82
Volume 180, Page 676   View pdf image (33K)
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