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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1169   View pdf image (33K)
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STATE ROADS. 1169

several counties under the provisions of Section 240 of Article 23 of the
Annotated Code of Maryland, Edition of 1924.

1931, ch. 539, sec. 24.

24. If any part or parts of this Article or of any section thereof shall
be held to be unconstitutional, such unconstitutionality shall not affect the
validity of the remaining part or parts of this Article or of any section
thereof. The Legislature hereby declares that it would have passed the
remaining parts of this Article or of any section thereof if it had known
that such part or parts thereof or of any section thereof would be declared
unconstitutional.

See notes to sec. 13.

1931. ch. 539, sec. 25.

25. Whenever, for the purpose of building a new road or widening any
existing road or crossing the tracks of any railroad, it shall become neces-
sary to condemn any land or water or any interest in, under or over the
same which the State Roads Commission is authorized to acquire under
the preceding sections of this Article, it shall and may be lawful for said
commission to proceed as follows: The commission shall cause to be pre-
pared a preliminary report, with such plat or plats as may be necessary
and showing: (a) The description, quantity and nature of the property to
be taken; (b) the amount of damages awarded therefor; (c) the amount
of benefits assessed to the adjoining land (which shall not exceed the
damage awarded and costs of condemnation), and which in case of a rail-
road crossing shall be governed by the section of this Article for such
cases provided; (d) the names of the persons interested in the property
taken or benefited, with their respective estates and interests therein (and
if any such estates or interests shall belong to the unknown heirs of any
deceased owner, the report shall so state); (e) and the damages and bene-
fits awarded or assessed to each. Upon completion of such report the State
Roads Commission shall, by an advertisement inserted twice successively
in one or more newspapers published in the county where the land lies, give
notice to the parties interested (naming them) that such preliminary re-
port is open to inspection at the office of the commission, and that during
a period of fifteen days from the date of the first publication of such notice
the commission will hear objections and make such corrections as may be
proper. After the expiration of said period of fifteen days a final report,
including such plat or plats as may be necessary, shall by the commission
be deposited with the clerk of the circuit court for the county in which the
property to be taken lies; and thereupon the commission shall, by advertise-
ment inserted three times successively in one or more newspapers pub-
lished in said county, give notice to the parties interested (naming them)
that such final report has been deposited, and that after the expiration of
twenty-one days from the date of the first publication the said report will
become (and the same shall become) absolute and final as against all per-
sons who shall not in the meantime have appealed therefrom to such circuit


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1169   View pdf image (33K)
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