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Maryland Manual, 1985-86
Volume 182, Page 687   View pdf image (33K)
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further that nothing in this section shall be construed to prohibit
the raising of funds for the purpose of aiding or compensating in
such manner or way as the General Assembly of the State shall
deem proper, those citizens of the State who have served, with
honor, their Country and State in time of War; provided,
however, that such action of the General Assembly shall be
effective only when submitted to and approved by a vote of the
people of the State at the General Election next following the
enactment of such legislation.

SEC. 35.59 Extra compensation may not be granted or allowed
by the General Assembly to any public Officer, Agent, Servant or
Contractor, after the service has been rendered, or the contract
entered into; nor may the salary or compensation of any public
officer be increased or diminished during his term of office except
those whose full term of office is fixed by law in excess of 4 years.
However, after January 1, 1956, for services rendered after that
date, the salary or compensation of any appointed public officer
uf the Mayui and City Council of Baltimore may be increased or
diminished at any time during his term of office; except that as to
officers in the Classified City Service, when the salary of any
appointed public officer of the Mayor and City Council of
Baltimore however, increased or decreased, it may not again be
increased or decreased, as the case may be, during the term of
such public officer.

SEC. 35A.60 Nothing in this Constitution shall exempt the
salary or compensation of any judge or other public officer from
the imposition by the General Assembly of a non-discriminatory
tax upon income.

SEC. 36.6' No Lottery grant shall ever hereafter be authorized
by the General Assembly, unless it is a lottery to be operated by
and for the benefit of the State.

SEC. 37.62 Vacant.

SEC. 38.63 No person shall be imprisoned for debt, but a valid
decree of a court of competent jurisdiction or agreement ap-
proved by decree of said court for the support of a spouse or
dependent children, or for the support of an illegitimate child or
children, or for alimony (either common law or as defined by
statute), shall not constitute a debt within the meaning of this
section.

SEC. 39." The books, papers and accounts of all banks shall be
open to inspection under such regulations as may be prescribed by
law.

SEC. 40. The General Assembly shall enact no Law authoriz-
ing private property to be taken for public use without just
compensation, as agreed upon between the parties, or awarded by
a jury, being first paid or tendered to the party entitled to such
compensation.

SEC. 40A." The General Assembly shall enact no law autho-
rizing private property to be taken for public use without just

"Amended by Chapter 416, Acts of 1957, ratified Nov. 4, 1958;
Chapter 547, Acts of 1976, ratified Nov. 2, 1976; Chapter 976, Acts
of 1978, ratified Nov. 7, 1978.
"Added by Chapter 771, Acts of 1939, ratified Nov. 5, 1940.
61 Amended by Chapter 364, Acts of 1972, ratified Nov. 7, 1972.
"Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"Amended by Chapter 14, Acts of 1950, ratified Nov. 7, 1950;
Chapter 121, Acts of 1962, ratified Nov. 6, 1962; Chapter 321, Acts
of 1982, ratified Nov. 2, 1982.
" Amended by Chapter 151, Acts ofSp. Sess. of 1936, ratified Nov. 3,
1936.
"Amended by Chapter 402, Acts of 1912, ratified Nov. 4, 1913;
Chapters 224 and 604, Acts of 1959, ratified Nov. S, 1960; Chapter
329, Acts of 1961, ratified Nov. 6, 1962; Chapter 100, Acts of 1962,
ratified Nov. 6, 1962; Chapter 304, Acts of 1966, ratified Nov. 8,
1966.

Constitution of Maryland/687

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 property, provided such
legislation also requires the payment of any 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 ol an appraiser or appraisers by a Court of Record
to value such property and that upon payment of the amount of
such evaluation, 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 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 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 corpora-
tion 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 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." The General Assembly shall enact no law autho-
rizing 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 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 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 property, provided such
legislation also requires the payment of any further sum that may
subsequently be awarded by a jury.

SEC. 40C." The General Assembly shall enact no law autho-
rizing 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 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 extended or

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

 



 
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Maryland Manual, 1985-86
Volume 182, Page 687   View pdf image (33K)
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