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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4352   View pdf image (33K)
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4352 ARTICLE 19.

of damage awarded such owner or occupant and the amount of benefits
assessed to any lot or parcel of ground or the owner thereof, together with
a certificate of their qualifications, which may be ratified or rejected or
allowed or amended in whole or in part by the County Commissioners;
provided, that the County Commissioners shall give ten days' notice at
least by publication in a newspaper published in St. Mary's County or by
ten days' notice at least in writing to each property owner so interested, of
the time set for final action on the return of said examiners, and the
County Commissioners shall act on said return within twenty days after
the expiration of said notice, and may issue new commission, as in their
judgment may seem proper; and before proceeding to actually open,
widen, extend, straighten or close any such road, bridge or drain, the
County Commissioners shall pay or render to the person, his agent,
guardian or representative the amount of damages so awarded; and if
any one shall feel aggrieved by the decision of the County Commissioners
in any matter affected by their decision, he may appeal to the Circuit
Court for St. Mary's County by giving written notice within twenty days
from said decision filed with the Clerk of the County Commissioners of
his desire to appeal, and on filing of said notice it shall be the duty of
said Clerk to deliver all papers connected therewith to the Clerk of the
said Court, and the same proceedings shall be had on the appeal as in
cases of appeal from judgments of justices of the peace; provided, never-
theless, that the County Commissioners may decline to open, lay out,
extend, widen, grade or straighten any road, bridge or drain, notwith-
standing the decision of the said Court; but in case of refusal to do so
they shall be liable for all costs incurred and shall pay the same; all
benefits assessed by virtue of the above provisions shall be prior liens on
the respective lots or parcels of ground on which they are assessed from
the time of the final ratification of the aforesaid returns, and shall be
collected as taxes are now collected or may be collected by action at law.
On appeal the Court or jury may alter the award so returned, whether of
damages or benefits, and award costs in its discretion. On final ratifica-
tion of any report of a commission so appointed under the provisions of
this section, the Clerk to the County Commissioners shall at once record
in a book kept for that purpose said return, plat and all proceedings con-
nected therewith; and if for any reason the person to whom damages are
awarded refuse to receive the damages assessed or from infancy or from
any other cause are prevented from receiving or receipting for same, the
damages so assessed shall be deposited in some bank in St. Mary's County
paying interest on deposits, if any, to the credit of the person entitled to
such damages; and thereupon the County Commissioners may proceed in
the same way as if said damages had been paid to the person or persons
themselves. And for the purposes of the survey and plat provided for in
this Act the County Road Engineer is authorized to go upon private
property through which said proposed road, bridge or drain shall pass
or be laid out and make whatever survey or surveys that he may deem
necessary. And the County Commissioners shall have the right and
power to condemn and acquire land adjacent to or near any county or

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4352   View pdf image (33K)
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