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ART. XXXIIIA] EMINENT DOMAIN. 275
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ARTICLE XXXIIIA.
EMINENT DOMAIN.
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7A. Opening statements, when made;
Jury may view premises in charge
of sheriff or bailiff.
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Surveyors for Public Works.
18-20. Public engineers or surveyors
may enter private property;
property not to be destroyed;
stakes, etc., may be set; owners
not to obstruct work; penalties.
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1.
The contention that the jurisdiction conferred ou the circuit courts of
the counties and the law courts of Baltimore City by this article is a spe-
cial and limited one entirely distinct from and independent of their com-
mon law powers, not questioned. A petition for condemnation should be
filed in the county or the City of Baltimore where the property is situated.
Park Land Corporation v. Baltimore, 128 Md. 611.
Under the act of 1912, chapter 117, no appeal lay from an order of the
court appointing appraisers or overruling a motion to strike out an order
appointing appraisers. No appeal lies to the Court of Appeals from the
action of the circuit court in cases such as were provided for by the act
of 1912, chapter 117, if the circuit court had jurisdiction. Hyattsville v.
W., W. & G. R. Co., 124 Md. 578.
This article referred to in a suit to restrain the carrying out of an agree-
ment for the construction of a municipal drain entered into after the insti-
tution of condemnation proceedings. Baltimore v. Forest Park Co., 123
Md. 294.
Nature of condemnation procedings. The right of removal has no appli-
cation to such proceedings under the act of 1912, chapter 117. When the
application for removal, even if it could otherwise be granted, comes too
late. Baltimore v. Kane, 125 Md. 138.
To the third note to this section on page 596 of volume 3 of the Anno-
tated Code, add Hyattsville v. W., W. & G. R. Co., 124 Md. 578.
See notes to article 33A, sections 8, 12 and 14; article 23, section 438;
article 26, section 30, and article 91, section 34.
2.
See notes to section 14.
3.
See notes to section 14.
4.
An amendment under this section suggested. Brack v. Baltimore, 125
Md. 390. And see Brack v. Baltimore, 128 Md. 434.
1916, ch. 117.
7A. The Court may, in its discretion, permit the opening state-
ments of counsel to be made before the jury is sent to view the prem-
ises; and the Court also may, in its discretion, send the jury to view said
premises, as provided in Section 7, in charge either of the sheriff as
therein provided, or of a bailiff of the Court.
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