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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1048   View pdf image (33K)
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1048 ARTICLE 25

Erecting poles in highway. Injunction. Potomac Elec. Power Co. v. Wall, 153 Md. 233
(decided prior to act 1929, ch. 46).

Cited but not construed in North Beach v. Land & Imp. Co., 172 Md. 118.

See notes to sec. 144.

An. Code, 1924, sec. 152. 1912, sec. 98. 1904, sec. 97. 1888, sec. 93. 1853, ch. 220, sec. 7.

153. The examiners, or a majority of them, shall value and ascertain
the damages that may be sustained by each person through whose lands the
road may pass, if the application shall be for opening or altering a road,
by opening or altering the same, taking into consideration the advantages
and disadvantages of the same, if any; and they shall make such ascer-
tainment a part of their return to the county commissioners, and the same
with the rest of their proceedings, shall be subject to the ratification, rejec-
tion or alteration of the county commissioners, in such manner as in their
judgment shall be just.
See notes to sec. 144.

An. Code, 1924, sec. 153. 1912, sec. 99. 1904, sec. 98. 1888, sec. 94. 1853, ch. 220, sec. 8.

154. The county commissioners shall determine whether the damages
adjudged by the examiners shall be paid by the persons petitioning for the
road or levied on the county, or may direct that the same be paid by the
petitioners and the county, in such proportion as they may deem just.

An. Code, 1924, sec. 154. 1912, sec. 100. 1904, sec. 99. 1888, sec. 95. 1853, ch. 220, sec. 9.

155. The damages shall in all cases be paid to the respective parties or
their guardians, agents or attorneys, before the road shall be opened; and
in case of the death of any of the parties concerned, after the valuation
made by the examiners, or a majority of them, the damages finally adjudged
to him or them shall be paid to his or their personal representatives.

An. Code, 1924, sec. 155. 1912, sec. 101. 1904, sec. 100. 1888, sec. 96. 1853, ch. 220, sec. 9.

1880, ch. 477.

156. The signing of any petition presented to the county commissioners
for opening, altering or closing a public road shall not make any petitioner
liable for the payment of any part of the damages adjudged by the county
commissioners; but the county commissioners may, in their discretion, give
judgment against the petitioners for the costs incurred by any person de-
fending against the claim of the petitioners, when the case shall be decided
in favor of such defendant; and the petitioners as aforesaid shall at all
times be held responsible for and shall pay to the several persons entitled
to receive the same all costs and expenses of every kind incurred by and
through any proceedings held and taken in accordance with the provisions
of this article, in relation to public roads, whenever the county commis-
sioners shall refuse to order the opening, altering or closing of the road as
petitioned for.

An. Code, 1924, sec. 156. 1912, sec. 102. 1904, sec. 101. 1888, sec. 97. 1853, ch. 220, sec; 6.

157. If no objection be made to the return of the examiners at the meet-
ing, of the county commissioners next succeeding the meeting at which said
return shall be made, the county commissioners may proceed to pass judg-
ment thereon, and affirm or reject the same, or order it to be amended, in
their discretion, or may continue over the proceedings to their next meeting,
and so on from time to time so long as they may think proper.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1048   View pdf image (33K)
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