HOUSE BILL 403

1 this State or by the Mayor and City Council of Baltimore, the General Assembly may

2 provide that such property may be taken immediately upon payment therefor to the

3 owner or owners thereof by the State or by the Mayor and City Council of Baltimore,

4 or into court, such amount as the State or the Mayor and City Council of Baltimore, as

5 the case may be, shall estimate to be the fair value of said property, provided such

6 legislation also requires the payment of any further sum that may subsequently be

7 added by a jury; and further provided that the authority and procedure for the

8 immediate taking of property as it applies to the Mayor and City Council of Baltimore

9 on June 1, 1961, shall remain in force and effect to and including June 1, 1963, and

10 where such property is situated in Baltimore County and is desired by Baltimore

11 County, Maryland, the County Council of Baltimore County, Maryland, may provide

12 for the appointment of an appraiser or appraisers by a Court of Record to value such

13 property and that upon payment of the amount of such evaluation, to the party

14 entitled to compensation, or into Court, and securing the payment of any further sum

15 that may be awarded by a jury, such property may be taken; and where such property

16 is situated in Montgomery County and in the judgment of and upon a finding by the

17 County Council of said County that there is immediate need therefor for right of way

18 for County roads or streets, the County Council may provide that such property may

19 be taken immediately upon payment therefor to the owner or owners thereof, or into

20 court, such amount as a licensed real estate broker OR A LICENSED AND CERTIFIED

21 REAL ESTATE APPRAISER appointed by the County Council shall estimate to be the

22 fair market value of such property, provided that the Council shall secure the

23 payment of any further sum that may subsequently be awarded by a jury. In the

24 various municipal corporations within Cecil County, where in the judgment of and

25 upon a finding by the governing body of said municipal corporation that there is

26 immediate need therefor for right of way for municipal roads, streets and extension of

27 municipal water and sewage facilities, the governing body may provide that such

28 property may be taken immediately upon payment therefor to the owner or owners

29 thereof, or into court, such amount as a licensed real estate broker appointed by the

30 particular governing body shall estimate to be a fair market value of such property,

31 provided that the municipal corporation shall secure the payment of any further sum

32 that subsequently may be awarded by a jury. This Section 40A shall not apply in

33 Montgomery County or any of the various municipal corporations within Cecil

34 County, if the property actually to be taken includes a building or buildings.

35 SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly

36 determines that the amendment to the Constitution of Maryland proposed by this Act

37 affects only Montgomery County and that the provisions of Article XIV, Section 1 of

38 the Constitution concerning local approval of constitutional amendments apply.

39 SECTION 3. AND BE IT FURTHER ENACTED, That the aforegoing section

40 proposed as an amendment to the Constitution of Maryland shall be submitted to the

41 legal and qualified voters of this State at the next general election to be held in

42 November, 2002 for their adoption or rejection in pursuance of directions contained in

43 Article XIV of the Constitution of this State. At that general election, the vote on this

44 proposed amendment to the Constitution shall be by ballot, and upon each ballot

45 there shall be printed the words "For the Constitutional Amendment" and "Against

46 the Constitutional Amendment," as now provided by law. Immediately after the

47 election, all returns shall be made to the Governor of the vote for and against the