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provide an optional procedure for land acquisition for County
road or street right-of-way in Montgomery County, Maryland,
and to submit this amendment to the qualified voters of the State
for adoption or rejection.
SECTION 1. Be it enacted by the General Assembly of Maryland,
(Three-fifths of all members elected to each of the two Houses
concurring), That the following section be and the same is hereby
proposed as an amendment to Section 40A of Article 3 of the Con-
stitution of Maryland, title "Legislative Department", sub-title
"Eminent Domain", the same, if adopted by the legal and qualified
voters of the State as herein provided, to become Section 40A of
Article 3 of the Constitution of Maryland.
40A. Same—Baltimore City [.] and Montgomery County.
The General Assembly shall enact no law authorizing private
property to be taken for public use without just Compensation, to
be agreed upon between the parties, or awarded by a Jury, being
first paid or tendered to the party entitled to such compensation, but
where such property is situated in Baltimore City and is desired
by this State or by the Mayor and City Council of Baltimore, the
General Assembly may provide for the appointment of appraisers
by a Court of Record to value such property, and that, upon payment
of the amount of such valuation to the party entitled to compensa-
tion, or into Court and securing the payment of any further sum
that may be awarded by a jury, such property may be taken [.] and
where such property is situated in Montgomery County and in the
judgment of and upon a finding by the County Council of said
County that there is immediate need therefor for right of way for
County roads or streets, the County Council may provide that such
property may be taken immediately upon payment therefor to the
owner or owners thereof, or into court, such amount as an appraiser
appointed by a Court of Record shall estimate to be the fair market
value of such property, provided that the Council shall secure the
payment of any further sum that may subsequently be awarded by
a jury. THIS SECTION SHALL NOT APPLY IN MONTGOMERY
COUNTY IF THE PROPERTY ACTUALLY TO BE TAKEN IN-
CLUDES BUILDINGS OR IMPROVEMENTS.
SEC. 2. And be it further enacted, That the aforegoing section
hereby proposed as an amendment to the Constitution of this State
shall be, at the next general election, to be held in this State in the
year 1960, submitted to the legal and qualified voters thereof for
their adoption or rejection in pursuance of directions contained in
Article 14 of the Constitution of this State, and at the said general
election, the vote on the said proposed amendment shall be by bal-
lot, and upon each ballot there shall be printed the words- "For the
Constitutional Amendment" and "Against the Constitutional Amend-
ment", as now prescribed by law, and immediately after said elec-
tion, due returns shall be made to the Governor of the vote for and
against said proposed amendment, as directed by said Article 14 of
the Constitution, and further proceedings had in accordance with
said Article 14.
Approved April 28, 1959.
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