1394 LAWS OF MARYLAND.
[Ch. 790]
when the public use thereof may be such that the town need
only have, such possession and control as will not wholly exclude
the possession and beneficial use thereof by the owner, the act-
ual damage from the public use specified in the ordinance.
To
pay such compensation the commissioners shall assess against
the town the amount of benefit to the town and public gen-
erally.
Parties interested may submit evidence to the commis-
sioners, and the latter shall examine personally the property to
be taken and assessed.
The parties owning any property taken
may remove any improvements thereon.
The verdict of the
commissioners shall be signed by each commissioner and deliv-
ered to the Mayor or person acting in his stead, and contain a
correct description of each lot or parcel of private property to
be taken and the value thereof,
(d) The Mayor or person act-
ing in his stead shall, after rendition of the verdict, report the
same to the council, and if the same be not confirmed within
sixty (60) days from such report, the proceedings and verdict
shall be void.
If the verdict and proceedings be confirmed by
the council within sixty (60) days, an appropriation shall be
made to pay such sum as has been assessed against the town.
(e) The town shall not be entitled to the possession of any lots
or parcel of property taken until payment of the compensation
therefor, be made or paid into the Circuit Court of Montgomery
County for the person entitled, in case such person be absent,
unable or unwilling to receive the same, or the title to the prop-
erty to be taken shall be in question,
(f ) In case the town or
any person affected by such proceeding feel aggrieved by the
verdict of the commissioners, appeal may .be taken within twenty
days of the approval of said verdict to the Circuit Court of
Montgomery County.
The party appealing shall perfect his
appeal by filing with the town clerk a written notice of his
intention so to do within twenty days, and thereupon the clerk
shall, within twenty days from said notice, file a complete tran-
script of the proceedings with the clerk of the Circuit Court
and said cause, unless the appeal be dismissed, shall be tried
de novo in said court at the next jury term of said court after
said transcript is filed, in all respects as other trials had in said
court.
The verdict of the jury shall conform in all respects to
the requirements of this section, and shall have the same force
and effect as the verdict of said commissioners.
1906, ch. 292, sec. 29.
235. Whenever any work of any nature is to be performed,
the estimated cost of which exceeds two hundred ($200) dol-
lars, which estimate shall be entered on the minutes of the
council, notice of two weeks shall be given by posting in some
|
|