440 ARTICLE 33A.

ARTICLE 33A.

EMINENT DOMAIN.

15. This Article applicable to all condemnation proceedings, except street or high-
way cases.

1.

Not necessary for corporation to allege public necessity for construction for
which land is petitioned to be condemned. Improvement Co. v. Gas, etc., Co.,
156 Md. 585.

This article referred to in construing Maryland Constitution, art. 3, sec. 40A,
to permit Baltimore to condemn property under provisions of City Charter or
under this article. Hubbard v Baltimore, 158 Md. 48.

Proceedings under ordinance for condemnation of property for library in
Baltimore City complied with provisions of this article. Johnson v. Baltimore,
158 Md. 101

This article cited but not construed in Baltimore v. Libowitz, 159 Md. 36.

6.

The method of condemnation provided under this section does not impair
obligation of contract in B. & O. R. R. charter, this section merely changing the
remedy to enforce right of condemnation Metropolitan Branch built under act
1865, ch. 70. B. & O. R. R. Co. v. Maughlin, 153 Md. 375.

7.

Inquisition cannot be vacated for refusal to allow jury to view property of
defendant on other side of street in absence of anything to indicate impairment
of value or utility of such land by condemnation of land in question. Port
Development Commission; harbor improvement. Public use. Evidence. In-
structions See notes to sec. 15 Marchant v. Baltimore, 146 Md. 524.

11.

This section referred to in construing sec 12.

12.

No appeal lies from an order sustaining a demurrer to a plea in bar in a
condemnation proceeding. Davis v. Board of Education, 166 Md. 123.

An. Code, 1924, sec. 15. 1912, sec. 14. 1912, ch. 117. 1914, ch. 463, sec. 15.

1033, ch. 341

15. The State, and any municipal or other corporation, commission,
board, body or person, which under the laws of this State, has a right to
acquire property by condemnation, shall acquire such property, if condem-
nation proceedings be resorted to, in pursuance of, and under the provisions
of this Article, anything in any other Public General Law or Public Local
Law or private or special statute to the contrary notwithstanding; pro-

As to condemnation of property for public roads, see art. 89B, sec. 4.