CITY OF CUMBERLAND. 319

entitled to exercise a right of eminent domain, provided, however, that in
the exercise of this right due care shall be taken to do no unnecessary dam-
age to the property or rights of said public utilities companies and in case
of failure to agree upon the terms of interference, not to interfere with
the operation of usefulness of said companies beyond the actual necessities
of the case, due regard being paid to the other public interests involved,
and included within this dominant right of eminent domain shall be the
right to condemn such part or parts of the property of the Chesapeake and
Ohio Canal Company or rights therein as may be necessary and proper
for the purpose of carrying out said Partial Flood Prevention Plan.

1927, ch. 479, sec. 12.

126. For the purpose of carrying out the condemnation powers granted
by this Act said Mayor and City Council may proceed as follows:

It shall appoint three commissioners, whose duty it shall be to ascer-
tain whether any and what amount in, value of damage will be caused
thereby, for which the owner or possessor of any property affected by said
condemnation ought to be compensated; provided that it shall serve upon
the owner or possessor of said property, if said owner or possessor is a
resident of the City of Cumberland or Allegany County, actually residing
therein, a notice warning sadd owner or possessor that said commissioners
will proceed upon a certain day to be named therein, which said day shall
not be less than fifteen days after the date of said notice, to hear all
persons who may be interested therein, and view the premises and fix the
amount of compensation to which said owner or possessor may be entitled.
And if said owner or possessor shall be absent from or a non-resident of
the City of Cumberland, then like notice shall be given by posting the
same upon the premises to be affected or by registered mail, or by publi-
cation in two daily newspapers published in the City of Cumberland, once
a week for three consecutive weeks. Said commissioners shall meet agree-
able to the terms of said notice, and shall hear the interested parties, and
shall fix the compensation, and shall return a report of their proceedings,
within fifteen days thereafter, to the Mayor and City Council, and said
report shall include a statement of the name of the owner or possessor of
any property viewed, and the amount of compensation aillowed, :and upon
the payment of the compensation allowed, and not before, the said Mayor
and City Council shall have a right to proceed to carry on the work con-
templated by such condemnation.

The right to condemn as herein authorized shall include the right to
condemn property of persons non compos mentis, infants, or persons under
any other legal disability to contract, and shall include property in the
hands of Trustees or property then being administered by any Court or
public officer of this State.

Any person or other owner who shall feel aggrieved by the decision of
the commissioners appointed, as to the amount of damage allowed him,
may appeal therefrom, at any time within ten days after said commis-
sioners shall have made their return, to the Circuit Court of Allegany