STATE ROADS. 1155

visions of said Act of 1906 shall be obligatory upon, and not discretionary
with, the Mayor and City Council of Baltimore and the Board of Esti-
mates, and the price to be charged for new rights, franchises and ease-
ments similar to those condemned, shall be the same as the amount of the
condemnation award.

Power of Commission to select route, secure property, etc. Decision of Com-
mission as to property needed not subject to judicial review; exception. Land-
owners have no right to interfere with construction of public road by the Com-
mission unless it affects some personal or property right. Murphy v. State
Roads Commn., 159 Md. 7.

This section referred to in construing sec. 25. Dunne v. State, 162 Md. 274.

1929, ch. 125. 1931, ch. 539, sec. 4.

4. In all proceedings in which the State Roads Commission seeks to
obtain property by condemnation under Sections 203 to 209, inclusive,
or Sections 331 to 337, inclusive, of Article 23 of the Annotated Code of
Maryland (Edition of 1924), where any owner or owners is or are not
known, it shall be lawful to describe such owner or owners as the unknown
owner or owners, or the unknown heir or heirs of a deceased owner, and
notice shall be given to such unknown persons by publication as notice is
provided for in the case of non-residents in Section 204 of Article 23 of
the Annotated Code of Maryland (Edition of 1924); and when such notice
is given by publication, it shall have the same effect as if the said un-
known owner or owners had personally appeared and answered in the said
condemnation proceedings.

An. Code, 1924, art. 91, sec. 29. 1912, art. 91, sec. 35. 1908, ch. 141, sec. 320.

1931, ch. 539, sec. 5.

5. If the State Roads Commission shall determine that the public neces-
city, or convenience, or that the purposes of this Article require that any
turnpike, or part thereof, whether maintained as such by any turnpike
company or otherwise, or whether formerly maintained as such and now
abandoned by any turnpike company, or that any public road in whole or
in part in any county or counties, and forming a section of a through
route or continuous thoroughfare between two or more important points
in the State, should be taken charge of by said commission for the State
for the purposes of this Article, then, as to such public road or abandoned
or acquired turnpike, whether acquired by purchase or condemnation,
the said commission shall file a certified copy of the plan thereof in the
office of the county commissioners for the county or the several counties
in which said section or sections of road or turnpike may be situated, and
setting forth its purpose to acquire and to take over the same, and said
commission thereupon without any further procedure, shall acquire and
take over any such and all county roads, turnpikes or sections thereof or
interests or rights therein, as in its judgment may be necessary or proper
for the purpose of this Article, and with full power to widen, relocate,
change or alter the grade or location thereof; and said commission shall