986 ARTICLE 4.

whole of the improvements of any lot can be taken without destroying
the whole of said lot or said improvements, for the purpose for which
lot or improvements are used, or for building purposes, the said Commis-
sioners shall only condemn such part of said whole lot or improvements
as is necessary for the proposed object, and shall award to the owner or
owners of the part of the lot or improvements so taken such damages and
assess upon the remainder thereof auch benefits as in their judgment shall
be right and proper; and provided, further, that in all cases where there
are sheds or other obstructions lying and being in beds of streets, lanes,
roads or alleys, in process of opening or widening, where the same will
not, in the judgment of the Commissioners for Opening Streets, sell by
public auction for the amount of the expenses of said sale, then the said
Commissioners for Opening Streets may, and they are hereby authorized,
to sell the same at private sale.

M. & C. C. of Baltimore v. Merryman. 23 Md. 449. Mayor v. Clunet, 23 Md. 464.
Norris v. Balto., 44 Md. 603. Bernel v. Mayor, 56 Md. 351.

As to right of the city to institute condemnation proceedings before street grades
are established, see Balto. Belt R. R. Co. v. Turner, Dally Record, January 12. 1893.

As to rule for valuation of property in awards in condemnation proceedings, see
Park Board v. White, Daily Record, May 25, 1893.

The inchoate right of dower in fee simple property to be considered in condemn-
ing property. B. & O. R. R. Co. v. Textor, Daily Record, December 25, 1893.

1914, ch. 125.

176A. In any case where a part of a lot, or part of a lot and improve-
ments, is taken for opening, widening, extending, straightening or closing
a public highway, the Commissioners for Opening Streets in making their
award, and in the event of an appeal, the Court or Jury in making its or
their award shall not award damages and assess benefits separately, but
shall ascertain and find separately: First—the present value of the entire
lot, or the entire lot and improvements of which a part is to be taken,
as if the proposed opening, widening, extending, straightening or closing
were not to be made; and secondly—what will be the value of the portion
of the lot or of the lot and improvements which will remain after the
opening, widening, extending, straightening or closing of said highway
shall have been made, and the grading thereof shall have been done. If
the value so found of the whole exceeds the value so found of the portion
which will remain, the owner of said lot, or of said lot and improvements
shall be allowed the difference as net damages. If the value so found
of the part which will remain shall exceed the value so found of the whole,
then the owner of the said lot, or said lot and improvements shall be
charged the difference as net benefits, but nothing herein shall prevent
the surrender of the whole lot, as provided in Section 176.
Cahill v. M. & C. C., 129 Md. 22. Con. G. E. L. & P. Co. v. M. & C. C., 130 Md. 20.

1912, ch. 32.

177. As soon as the Commissioners aforesaid shall have completed the
valuation of damages to be ascertained by them as directed by this Char-
ter, they shall cause a statement thereof to be made out for the inspection