1166 ARTICLE 89B.

proportionate share, for the purpose of altering, in the manner provided
in Section 13 of this Article, the railroad grade crossings of the Balti-
more and Ohio Railroad Company's tracks in the City of Cumberland,
Allegany County.

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

1931, ch. 576.

15A. Owners of adjacent land or improvements abutting on or along
the highways, which highways are affected by any grade crossing elimina-
tion under the provisions of this Article, who may be entitled to damages
under the provisions of Section 15, may maintain an action at law for
such damages against the State Roads Commission of Maryland and the
railroad company or companies affected, and the consent of the State of
Maryland to maintain any and all such actions is hereby expressly granted.
The right to maintain any such action shall apply to damages suffered
within the meaning of Section 15, subsequent to its enactment and approval
on March 31st, 1927, and this section is expressly declared to be retroactive
to the extent that it confers upon such adjacent property owners the
right to maintain actions for damages within the meaning of said Section
15, but shall not be deemed to create any liability not already existing
in the law. Any damages that may be recovered under the provisions of
this section shall be regarded as a part of the expense of the grade crossing
elimination and one-half of the same shall be paid by the railroad com-
pany or companies, and one-half by the State Roads Commission, the share
of the State Roads Commission to be paid out of the receipts from the
gasoline tax imposed by Section 212A of Article 56 of the 1929 Supple-
ment to the Annotated Code of the Public General Laws.

1931, ch. 539, sec. 16.

16. The expense of removing, relaying or relocating any municipal
county water or sewer pipes or other municipal or county pipes, conduits
or subways, shall be borne by the railroads and the State Roads Commis-
sion as provided in Section 15. Plans under which these changes are to
be made shall be approved by the owners of the structures involved.

1931, ch. 539, sec. 17.

17. Where the order of said State Roads Commission shall require
changes in, or the removal of the property or construction of any telegraph,
telephone, gas, electric, lighting, power, water, oil, pipe lines or other com-
pany or corporation, co-partnership or individual, they shall move or
change the grade or location of their property or constructions in conform-
ity with the order of the Commission. The cost of changing, removing or
constructing the said lines shall be paid by the railroads and the State
Roads Commission as provided in Section 15. Plans under which these
changes are to be made shall be approved by the owners of the structures
involved. They shall be deemed parties in interest and shall be given
notice of hearing and opportunity to be heard.