1290                        LAWS OF MARYLAND.                  [CH. 516

this Act; and the first term of said court to be held under the
provisions of this Act shall commence on the second Monday
of September in the year 1931.

SEC. 2. And be it further enacted, That this Act shall take
effect on the first day of July, 1931.

Approved April 17, 1931.

CHAPTER 516.

AN ACT to add a new section to Article 91 of the Code of
Public General Laws of Maryland, title "Surveyor and State
Survey, " sub-title "Public Roads, " to follow after Section
38B, as enacted by Chapter 327 of the laws of 1927 and to be
known as Section 38BJ^, permitting adjacent property own-
ers to maintain actions for damages against the State Roads
Commission of Maryland, and the railroad company or com-
panies affected, arising under the provisions of said Section
38B.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That a new section be and it is hereby added to Article
91 of the Code of Public General Laws of Maryland, title "Sur-
veyor and State Survey, " sub-title "Public Roads, " to follow
after Section 38B, as enacted by Chapter 327 of the laws of
1927, to be known as Section 38B% and to read as follows:

Section 38BJ^. Owners of adjacent land or improvements
abutting on or along the highways, which highways: are affected
by any grade crossing elimination under the provisions of this
Article, who may be entitled to damages under the provisions
of Section 38B, may maintain an action at law for such damages
against the State Roads Commission of Maryland and the rail-
road 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 38B,
subsequent to its enactment and approval on March 31st, 1927,
and this Act is expressly declared 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
38B, but shall not be deemed to create any liability not already
existing in the law. Any damages that may be recovered under
the provisions of this section shall be regarded as a part of the