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CHAP. 476.
Authority to
proride for
laying out,
opening,
grading, etc.,
street and
alleys.
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any and what amount of value of damages will be caused
thereby for which the owner possessor of the property through
or over which such street or alley may pass, ought to be com-
pensated and paid, and for assessing or laying either generally
on the whole of the assessable property within said town, or
specially on the property of the persons benefited by said
improvement, the whole or any part of the damages and
expenses which may be incurred in laying out, opening, grad-
ing, widening or extending such street or alley ; to provide in
case they determine to levy and assess the whole or any part
of the damages and expenses upon the owners of the property
in said town specially benefited by such improvement, for the
apportionment among them of such damages and expenses so
determined, to be levied upon them in due proportion to the
amount of benefits by them respectively received ; to provide
for the condemnation of all land and property so taken for
public use in opening, grading, widening or extending any
street or alley as aforesaid, and to provide for the notice to be
given in relation thereto for the payment of the damages so
awarded, and for the collection and mode of payment under
any action allowed by for, the benefits so determined to be
assessed ; and to pass ordinances necessary and proper to
the exercise and enforcement of the powers granted in this
section ; provided, that no land or property shall be taken under
the powers granted in this section without the payment or
tender of just compensation therefor to the party entitled to
such compensation as agreed on with the owners of such prop-
erty or awarded by jury ; and provided further, that the ordi-
nances regulating the condemnation of land or property lying
wholly or partly withip the taxable limits of the town of Mid-
dletown shall provide for a reasonable notice to the owner or
owners thereof, and for appeals to the Circuit Court of Fred-
erick county by any person interested, including the Burgess
and Commissioners of Middletown, from the decision of any
commissioners, jury or other persons appointed to value or
assess damages for the taking of any such land or property or
interest therein under the powers granted in this section.
SEC. 3. And be it enacted, That this Act shall take effect
from the date of its passage.
Approved April 8, 1902.
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