Maryland Manual 1994-1995
parties, or awarded by a jury, being first paid or tendered
to the party entitled to such compensation.
SEC. 40A.69 The Genera! Assembly shall enact no law
authorizing private property to be taken for public use with-
out 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 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 of 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 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 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 corpo-
rations within Cecil County, if the property actually to be
taken includes a building or buildings.
SEC. 40B.70 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
|
Constitution of Maryland /849
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 Commis-
sion 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.71 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, 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 constructed by the
said Commission, the General Assembly may provide that
such property, except any building or buildings may be
taken immediately upon payment therefor by the con-
demning 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
legislation requires that the condemning authority's esti-
mate 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 procedures speci-
fied 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 extension
or construction project.
SEC. 40D.72 Vacant.
SEC. 41.73 Vacant.
SEC. 42.74 Vacant.
SEC. 43. The property of the wife shall be protected
from the debts of her husband.
SEC. 44.75 Laws shall be passed by the General
Assembly, to protect from execution a reasonable amount
of the property of the debtor.
SEC. 45.76 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 collection
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 prescribed by law.
|
69 Amended by Chapter 402, Acts of 1912, ratified Nov. 4, 1913; Chapters 224 and 604, Acts of 1959, ratified Nov. 8, 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.
70 Added by Chapter 607, Acts of 1941, ratified Nov. 3, 1942.
71 Added by Chapter 781, Acts of 1965, ratified Nov. 8,1966.
72 Repealed by Chapter 683, Acts of 1977, ratified Nov. 7, 1978.
73 Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
74 Transferred to Article I, sec. 7, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
75 Amended by Chapter 549, Acts of 1976, ratified Nov. 2, 1976.
76 Amended by Chapter 509, Acts of 1941, ratified Nov. 3, 1942.
|
|