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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3663   View pdf image (33K)
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MONTGOMERY COUNTY. 3663

(D) The Mayor, or person acting in his stead, shall after rendition
of the verdict, report the same to the Council; and if the same be not
confirmed within sixty days from such report, the proceedings and verdict
shall be void. If the verdict and proceedings be confirmed by the Council
within said sixty days, an appropriation shall be made to pay such sum
as has been assessed against the town, and the amount assessed by the
commissioners against private property shall be a lien superior to all
other liens on the several lots charged from the day the ordinance provid-
ing for the improvement takes effect until paid; and if not paid with-
in thirty days after the confirmation of the verdict, shall bear interest at the
same rate as delinquent general taxes, and shall be forthwith -collected
by the Treasurer of the town, either by suit brought in the name of the
town or under this Charter. Money collected on such assessments shall
be used only to pay such compensation and whatever interest shall be
collected, and no more, shall be apportioned among the owners of the prop-
erty taken.

(E) The town shall be entitled to immediate possession of any lot or
parcel of property taken upon payment to the owner of the compensation
for such lot or property; provided, however, that in the event that the
person entitled to such compensation be asbent, unable or unwilling to
receive the same, or the title to the property be taken is in dispute, the
town shall not be entitled to possession of the said property until the com-
pensation therefor be paid into the Circuit Court of Montgomery County,
to be held for the person entitled to receive the same.

(F) In case the town, or any person, affected by such proceedings, shall
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
said twenty days, and thereupon the clerk shall, within twenty days from
said notice, file a complete transcript 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. The assessments shall be paid within
same time, and until paid bear the same rate of interest as is above pro-
vided, and shall stand as a judgment and be a lien on the several parcels
of property charged superior to all other liens from the date of the ordi-
nance, and if not paid within thirty days from the filing of the verdict of
the jury an execution shall issue against the several lots or parcels of land
against which assessments for benefits are so made, which execution shall
describe the parcel of ground and the amount assessed against the same,
as shown by the verdict of the jury, and state that the assessment has been
made to pay compensation for property taken for the purpose specified in
the ordinance, and be directed to the Sheriff of Montgomery County, and

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3663   View pdf image (33K)
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