1272                        LAWS OF MARYLAND.                  [CH. 509

after Section 766, said section to authorize the County Com-
missioners of Montgomery County to acquire by condemna-
tion land and improvements upon which any road, street,
bridge, sidewalk or drainage ditch may have been con-
structed prior to the acquisition by said County Commis-
sioners of any right and interest in and to any such land,
and to authorize said County Commissioners to assess the
cost of acquiring such, land by condemnation against abut-
ting property or against the district in which said improve-
ment shall lie or against all the property in Montgomery
County.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That one additional section, to be designated as
Section 766A, be and it is hereby added to Article 16 of the
Public Local Laws of Maryland, title "Montgomery County, "
sub-title "Roads, " which section shall follow immediately after
Section 166 thereof and shall read as follows:

766A. Whenever any road, highway, street, bridge, side-
walk, curb, gutter or drainage ditch shall be constructed in
Montgomery County on, through or upon any land in Mont-
gomery County the title to which or the right of way over
which shall not have been first secured by said Board of
County Commissioners prior to the construction of any such
improvement, then the Board of County Commissioners is
hereby authorized and. empowered to proceed to condemn said
land and any and all improvements thereon under the provi-
sions of law relating to the condemnation of land for public
purposes by said board as fully as though" the improvement
thereon had not been constructed prior to the institution of
condemnation proceedings. The cost of said land as awarded
in such condemnation proceedings, together with all costs, fees
and expenses incident to such acquisition may be assessed by
said board against property abutting thereon or against all of
the property in the Election District or Districts where such
improvement shall lie, or against all of the taxable property
of Montgomery County in such manner as said board may
determine, provided, however, that when said board shall deter-
mine to assess the total cost of such acquisition against abut-
ting property, the assessment shall be in the form of a special
benefit assessment and shall not exceed in amount against any
one parcel or property ownership the direct benefit to the
property so assessed derived from the street or road opening