STATE ROADS. 1165

Roads Commission may alter such crossings by substituting therefor a
crossing not at the grade of such public highway, either by carrying such
public highway under or over such railroad, or by reconstructing such
railroad under or over such public highway, or by vacating, relocating or
changing the lines, width, direction or location of such highway and the
opening of a new highway in the place of the one ordered vacated, pro-
vided, however, that whenever the Commission deems it advisable, the
Commission may order the company or companies operating such rail-
road to make such alterations, changes, relocation and/or opening, within
such time as the Commission may fix, and according to plans to be ap-
proved by the Commission.

Change of grade in elimination of grade crossing, without taking or encroach-
ing upon abutting land, does not entitle owner to consequential damages
Smith v. B. & O. R. B. and State Roads Commn., Daily Record, Feb. 27, 1935.

1927, ch. 327, sec. 38A. 1931, ch. 539, sec. 14.

14. Whenever a state highway crosses under or over any railroad or
railway referred to in the preceding sections, by an underpass or overhead
bridge which was constructed prior to the year 1927 and such underpass or
bridge carrying said highway under or over said railway shall, in the
judgment of the State Roads Commission, become inadequate or unsafe to
carry the traffic on said highway, then the said Commission may alter,
reconstruct or relocate said existing underpass or overhead bridge in such
a manner as said Commission may deem necessary and proper for the
purpose of carrying said highway under or over said railroad; and in
that event the provisions of Sections 13 to 24, inclusive, of this Article
shall be and become applicable to such reconstruction or relocation to the
same extent as when said state highway and said railroad crossed each
other at grade, as defined in the preceding section. The provision of
Sections 12 to 24, inclusive, of this Article shall not be applicable to any
city street or suburban electric railway companies or to any extensions
thereof.

This section referred to in construing art. 3, sec. 40A, of the Constitution.
Krebs v. State Roads Commn. 160 Md. 586.

1927, ch. 327, sec. 38B. 1931, ch. 539, sec. 15. 1933, ch. 223, sec. 15.

15. One-fourth of the expense of such alterations, changes, relocation
and/or opening, including damage to adjacent property, shall be paid by
such railroad and three-fourths by the State Roads Commission. When
two or more railroads use such crossings, each shall bear its proper pro-
portion of the railroad's share of the expense, such proportion to be deter-
mined by the State Roads Commission.

The Mayor and City Council of Cumberland is authorized and empow-
ered to advance to the State Roads Commission out of any surplus now
in its hands from its General Improvement Bond Issue of 1920, or from
any other surplus now in its hands, or from any money which may now be
owed it, such sum as may be necessary, not exceeding one-half of the
amount which the State Roads Commission will be required to pay as its