3296 ARTICLE 89B
bridge which was constructed prior to the year 1927 and such underpass or
bridge carrying said highway under or over said railway shall, in the
judgment of the State Roads Commission, become inadequate or unsafe to
carry the traffic on said highway, then the said Commission may alter,
reconstruct or relocate said existing underpass or overhead bridge in such
a manner as said Commission may deem necessary and proper for the
purpose of carrying said highway under or over said railroad; and in
that event the provisions of Sections 27 to 39, inclusive, of this Article
shall be and become applicable to such reconstruction or relocation to the
same extent as when said state highway and said railroad crossed each
other at grade, as defined in the preceding section. The provision of Sec-
tions 26 to 39, inclusive, of this Article shall not be applicable to any city
street or suburban electric railway companies or to any extensions thereof.
This section referred to in construing art. 3, sec. 40A, of the Constitution. Krebs v.
State Roads Commn., 160 Md. 586.
1927, ch. 327, sec. 38B. 1931, ch. 539, sec. 15. 1933, ch. 223, sec. 15.
29. One-fourth of the expense of such alterations, changes, relocation
and/or opening, including damage to adjacent property, shall be paid by
such railroad and three-fourths by the State Roads Commission. When
two or more railroads use such crossings, each shall bear its proper pro-
portion of the railroad's share of the expense, such proportion to be deter-
mined by the State Roads Commission.
The Mayor and City Council of Cumberland is authorized and empow-
ered to advance to the State Roads Commission out of any surplus now
in its hands from its General Improvement Bond Issue of 1920, or from
any other surplus now in its hands, or from any money which may now be
owed it, such sum as may be necessary, not exceeding one-half of the
amount which the State Roads Commission will be required to pay as its
proportionate share, for the purpose of altering, in the manner provided
in Section 2Y of this Article, the railroad grade crossings of the Baltimore
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. 516.
30. 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 29, 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 29, 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 29,
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
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