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276 EMINENT DOMAIN. [ART. XXXIIIA
8.
The burden of proof being upon the petitioner to show his right and
power to condemn, and the necessity for condemning, he is entitled to open
and close the case. Generally speaking, the burden of proof is upon the
party who inaugurates the proceeding; hence he has the right to open and
close. Kenly v. Washington County R. R. Co., 129 Md. 7.
11.
See notes to section 1.
12.
There is nothing in article 33A which prohibits the City of Baltimore
from condemning property subject to a reservation of a right of way in
place of an existing roadway. Brack v. Baltimore, 128 Md. 430.
14.
No reference is made in this article to the public service commission act.
This section and sections 1, 2 and 3, referred to in construing article 23,
section 306, and the public service commission law, particularly section
438—see notes to sections 413 and 438. City & Sub. R. R. Co. v. W., W. &
G. R. R. Co., 122 Md. 656.
See notes to article 91, section 34.
Surveys for Public Works.
1916, ch. 649, sec. 1.
18. Civil engineers and surveyors, when they are in the employ of
the State, or any County, or any city, town or village of the State, shall
have the right to enter upon any private lands, or property for the pur-
pose of making surveys, running lines of levels, or obtaining any need-
ful information or data for the preparation of plans, reports or new
legislation necessary for any proposed public sewerage system, water
works, establishment of corporate boundaries or any extension of the
same, highways or improvements thereto, or any public undertaking of
like nature.
1916, ch. 649, sec. 2.
19. Civil engineers and surveyors, when acting under the authority
of this sub-title, shall not damage or destroy any property or lands
entered by them in the performance of their work, but they shall have
the right to set stakes, markers or monuments or other suitable land-
marks or reference points where necessary.
1916, ch. 649, sec. 3.
20. No owner, occupant or agent of private lands so entered shall
obstruct, impede or annoy civil engineers or surveyors, or their em-
ployees, in the performance of their work under this sub-title, nor shall
any such owner, occupant, or agent, destroy, obliterate or remove any
stakes, markers, monuments or other landmark set or placed by such
civil engineers or surveyors; and any owner, occupant, or agent violat-
ing the provisions of this sub-title, shall be guilty of a misdemeanor,
and subject to a fine of not less than twenty-five dollars ($25.00), nor
more than one hundred dollars ($100.00), or to imprisonment for not
less than thirty days nor more than sixty days, or both, in the discre-
tion of the Court.
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