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compensation, 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 Baltimore County
and is desired by Baltimore County, Maryland, the County Council
of Baltimore County, Maryland, may provide for the appointment
of an appraiser or appraisers by a Court of Record to value such
property and that upon payment of the amount of such evaluation,
to the party entitled to compensation, 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]
a licensed real estate broker appointed by the County Council 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 40A shall not apply
in Montgomery County if the property actually to be taken includes
a building or buildings [or improvements].
SEC. 2. And be it further enacted, That the aforegoing amendment
to the Constitution of this State shall be, at the next general election,
to be held in November, 1962, submitted to the legal and qualified
voters of the State for their adoption or rejection in pursuance of
the directions contained in Article 14 of the Constitution of this
State, and at the said general election, the vote on the said proposed
amendment to the Constitution shall be by ballot, and upon each
ballot there shall be printed the words "For the Constitutional
Amendment" and "Against the Constitutional Amendment", as now
provided by law, and immediately after said election, due returns
shall be made to the Governor of the vote for and against said
proposed amendment, as directed by said Fourteenth Article of the
Constitution and further proceedings had in accordance with said
Article 14.
Approved March 23, 1962.
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