STATE ROADS 3299

archways or culverts, which may be required to be constructed in the
elimination of any grade crossing, shall be paid by the company or com-
panies operating such railroad. The other three-fourths of such expenses
shall be defrayed by the State Roads Commission. All of the details with
respect to such maintenance and repair shall be determined by the State
Roads Commission, whose power and duties relating thereto shall be sub-
ject to all of the provisions of the aforegoing sections concerning notice,
hearing, penalties, enforcement of orders, etc., so far as the same may be
practicable.¹

1931, ch. 539, sec. 23.

38. Nothing herein contained shall be construed to affect or limit the
powers vested in or duties imposed upon the County Commissioners of the
several counties under the provisions of Section 242 of Article 23 of the
Annotated Code of Maryland.

1931, ch. 539, sec. 24.

39. If any part of 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. 27.

Condemnation.

1931, ch. 539, sec. 25.

40. 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; (e) 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

¹ Sec. 2, ch. 223, of acts of 1933 repealed all laws inconsistent therewith to extent
of such inconsistency.

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