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Session Laws, 1947
Volume 411, Page 1371   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1371

and other professional assistance as the Commission may
deem necessary.

SEC. 15. And be it further enacted, That Section 30 of
Article 89B of the Annotated Code of Maryland (1939 Edi-
tion), title "State Roads", sub-title "Grade Crossings", be and
it is hereby repealed and re-enacted, with amendments, to
read as follows:

30. Owners of adjacent land and improvements abutting
on or along the highways, which highways are affected by any
grade crossing elimination under the provisions of this Ar-
ticle, who may be entitled to damages under the provisions
of Section 29, may maintain an action at law for such dam-
ages against the State Roads Commission of Maryland and
the railroad company or companies affected, and the consent
of the State of Maryland to maintain any and all such
actions is hereby expressly granted. The right to maintain
any such action shall apply to damages suffered within the
meaning of Section 29, subsequent to its enactment and ap-
proval on March 31st, 1927, and this section is expressly de-
clared to be retroactive to the extent that it confers upon
such adjacent property owners the right to maintain actions
for damages within the meaning of said Section 29, but shall
not be deemed to create any liability not already existing in
the law. Any damages that may be recovered under the pro-
visions of this section shall be regarded as a part of the
expense of the grade crossing elimination and one-half of the
same shall be paid by the railroad company or companies,
and one-half by the State Roads Commission.

SEC. 16. And be it further enacted, That Section 44 of
Article 89B of the Annotated Code of Maryland (1939 Edi-
tion), title "State Roads", sub-title "Duties and Powers", be
and it is hereby repealed and re-enacted, with amendments, to
read as follows:

44. It shall be the duty of the State Roads Commission to
maintain in good condition and keep in proper order and
repair, so far as funds for such purposes are available, all
State roads and bridges heretofore or hereafter constructed or
improved by it under the provisions of this Article or which
now or at any time may be placed or come under its control;
and to such end the said State Roads Commission shall have
power and authority to adopt such method or methods for the
systematic repair and maintenance of such roads as it may
from time to time deem proper and advisable; and, out of
funds appropriated or designated for use in the repair or

 

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Session Laws, 1947
Volume 411, Page 1371   View pdf image (33K)
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