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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3300   View pdf image (33K)
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3300 ARTICLE 89B

the commission will hear objections and make such corrections as may be
proper. After the expiration of said period of fifteen days a final report,
including such plat or plats as may be necessary, shall by the commission
be deposited with the clerk of the circuit court for the county in which the
property to be taken lies; and thereupon the commission shall, by advertise-
ment inserted three times successively in one or more newspapers pub-
lished in said county, give notice to the parties interested (naming them)
that such final report has been deposited, and that after the expiration of
twenty-one days from the date of the first publication the said report will
become (and the same shall become) absolute and final as against all per-
sons who shall not in the meantime have appealed therefrom to such circuit
court. Every such appeal shall, upon order of the appellant's attorney, be
docketed as a separate case in the name of the appellant against the State
of Maryland. Accompanying such order shall be a statement of the
grounds upon which the appeal is based, and every such appeal shall be
heard as promptly as may be on such day as the court shall fix. The
appellant shall be entitled to have the amount of his damages or benefits
assessed by a jury, and shall have the right to appeal to the court of appeals
on any question of law involved. At every such inquisition the State shall
proceed as if party plaintiff, and the costs in the circuit court shall be paid
by the State. If no such appeal from the report of the commission shall be
taken, or when all such appeals have been finally disposed of, it shall be
lawful for the State Roads Commission (if for any reason such course may
become necessary) to pay into court, under an order of the judge thereof,
the amount due to any person in interest, and thereupon the title to the
property so paid for shall be vested in the State of Maryland. In addition
to publishing the notice of the preliminary report herein provided for, the
commission shall cause a printed copy of such notice to be mailed to the
persons interested, so far as their postoffice addresses are known or can
reasonably be ascertained; provided, however, that such action shall not be
deemed a pre-requisite to the validity of the proceeding. If any of the par-
ties in interest residing in this State are within the age or non compos
mentis or other contractual disability and are not represented by a guar-
dian, committee or trustee, it shall be the duty of the commission to certify
such fact to the court at the time of filing its final report, and thereupon
the court shall make such order for the protection of the rights of such
person under disability as may be proper.

This section does not constitute consent by the State Roads Commission to be sued
in an original proceeding. State Roads Commission may condemn for highway purposes
under this section or according to the methods prescribed in art. 23, secs. 206-212 and
329-335. Dunne v. State, 162 Md. 274, 290.

See notes to Md. Constitution, art. 3, sec. 40.

Duties and Powers.

1931, ch. 539, sec. 26.

41. It shall be lawful for the State Roads Commission to make, from
time to time, such changes as to it may seem desirable in the projected loca-
tions of any road authorized to be constructed hereunder.

1931, ch. 539, sec. 27.

42. It shall be lawful for the State Roads Commission to make and
enforce, from time to time, such regulations and orders as it may deem
necessary for the preservation of State roads, and herein to regulate the
use of the same by traction engines, wagons, sleds and such other vehicles


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3300   View pdf image (33K)
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