1.572

ARTICLE 33A

ARTICLE 33A.

EMINENT DOMAIN.

	1. Petition, where and against whom filed	13. Payment of compensation after judg-
	and what to contain; unknown	ment ; how and when title may be
	owners.	had.
	2. Summons for defendants; renewal;	14. Appeals, when heard; defendants coun-
	publication.	sel fee, when taxed against peti-
	3, Answer of defendants; default; dis-	tioner.
	ability.	15. This article applicable to all condem-
	4. Amendments; demurrers, etc.	nation proceedings save street or
	5-7. Trial, when had; jury, how selected;	highway cases.
	view of premises, regulation of <	16. Costs, who to pay.
	8. Opening, statements, when made; jury	17. How possession may be had pending
	may view premises in charge of	appeal; bond; final judgment.
	sheriff or bailiff. 9. Trial, evidence, instructions, etc.; ex-	18. Invalidity of sec. 17 not to affect remainder of law.
	ceptions; bills of exceptions.
	10 Interested persons not parties may in- tervene, when and how.	Surveyors for Public Works.
	11. Verdict may be excepted to; motion	19-21. Public engineers or surveyors may
	for new trial and in arrest;- new	enter private property ; property not
	trial; judgment, how entered..	to be destroyed; stakes, etc., may be
	12. Appeal, bill of exceptions and record,	set; owners not to obstruct work;
	when to be filed.	penalties.

An. Code, 1924, sec. 1. 1912, sec. 1. 1912, ch. 117. 1914, ch. 463, secs. 1 and 2.

1. The proceedings for the acquisition of private property for public
use shall be as follows:

The proceedings shall be begun by the filing of a petition in the Circuit
Court for the County in which the property sought to be condemned is
situated, on the law side thereof, or in one of the law courts of Baltimore
City, if such property is situated in Baltimore City, by the State, Mu-
nicipal, or other corporation, commission, board, body or person seeking to
have the property condemned, and against the owner or owners thereof,
and the husbands and wives of married owners.

In case any owner or owners is or are not known, he or they may be
described in such petition as the unknown owner or owners, or the un-
known heir or heirs of a deceased owner. The petition shall set forth a
description of the property sought to be acquired, sufficient for identifica-
tion, a statement of the purpose for which same is sought to be condemned,
and that the petitioner is unable to agree with the owner or owners thereof,
or that one or more of said owners is or are under some legal disability to
contract, unknown or non-resident, according to the facts; and the said
petition shall contain a prayer that the said property may be condemned.

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.

See art. 3, secs. 40 and 40A of the Md. Constitution.

As to condemnation of property for public road; see Art. 89B, secs. 5 and 40.