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Maryland Manual, 1983-84
Volume 181, Page 806   View pdf image (33K)
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806/Maryland Manual

further sum that may subsequently be added 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 remain 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 ap-
praisers 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 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 immediate need therefor for right of way for
County roads or streets, the County Council may pro-
vide 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
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.66 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.67 The General Assembly shall enact no
law authorizing private property to be taken for public

66 Added by Chapter 607, Acts of 1941, ratified Nov. 3, 1942.
'7 Added by Chapter 781, Acts of 1965, ratified Nov. 8, 1966.

Article III

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-
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.68 Vacant.
SEC. 41.69 Vacant.
SEC. 42.70 Vacant.

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

SEC. 44.71 Laws shall be passed by the General As-
sembly, to protect from execution a reasonable amount
of the property of the debtor.

SEC. 45.72 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.

68 Repealed by Chapter 683, Acts of 1977, ratified Nov. 7,
1978.
69 Repealed by Chapter 681, Acts of 1977, ratified Nov. 7,
1978.
70 Transferred to Article I, sec. 7, by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978.
7' Amended by Chapter 549, Acts of 1976, ratified Nov. 2,
1976.
72 Amended by Chapter 509, Acts of 1941, ratified Nov. 3,
1942.

 



 
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Maryland Manual, 1983-84
Volume 181, Page 806   View pdf image (33K)
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