1202 LAWS OF MARYLAND. [CH. 494

of said work in any case involve a taking, in the constitutional
sense, of the franchise or right in the exercise of which such
obstruction had its origin, or of the property subject thereto,
the Commission shall be empowered, through the Mayor and
Council of Salisbury, to secure the condemnation of such fran-
chise or right and of the property subject thereto; provided,
nothing in this section shall affect in any manner the rights
now exercised under the franchises held by the several public
service corporations operating under franchises held by them
from the Mayor and Council of Salisbury, unless the owner
thereof shall consent thereto, or unless taken by condemnation
as hereinbefore provided.

SEC. 9. And be it further enacted, That the Commission
may enter upon any county street, road or alley, or any public
highway other than State highway, for the purpose of instal-
ling, maintaining and operating the water supply, sewerage and
drainage systems provided for under this Act, and it may con-
struct in any street, road or alley or public highway a water
main, sewer or drain, or any appurtenance thereof, without the
receipt of a permit or the payment of a charge; provided,
that whenever any county or municipal highway is to be dis-
turbed the public authority having control thereof shall be
duly notified, and provided further that said highway shall be
repaired and left by the Commission in the same, or a not
inferior, condition to that existing before being torn up, and
that all costs incident thereto shall be borne by the Commis-
sion. When said Commission desires to enter upon any State
highway for the purposes aforesaid it must first comply with
the provisions of Section 37 A of Article 91 of the Code of
Public General Laws of Maryland.

SEC. 10. And be it further enacted, That if the Commis-
sion shall determine to acquire by purchase the existing plant,
water mains and franchise of the Salisbury Water Company,
the amount paid therefor shall not exceed the valuation placed
upon the same by the Public Service Commission of Mary-
land at the time of said purchase.

SEC. 11. And be it further enacted, That every public serv-
ice corporation, company or individual, before it or they shall
begin any construction in any street, road, alley or public
highway within the City of Salisbury, shall file with the Com-
mission a plan of such construction showing the location and
depth, in such street, road, alley or public highway, of the