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Session Laws, 1941
Volume 582, Page 1500   View pdf image (33K)
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1500 LAWS OF MARYLAND. [CH. 850

18D. The jury shall be at liberty to consider and assess
any special benefits against the defendant or defendants whose
property is sought to be acquired; provided said benefits shall
not exceed the damages to which the jury might consider said
defendant or defendants to be entitled by reason of the taking.

18E. Whenever land sought to be condemned under this
Article lies partly in one county and partly in another, or
partly in a county and partly in the City of Baltimore, the
proceedings therefor may be commenced in either county or in
the City of Baltimore, and that Court shall have jurisdiction
in which proceedings shall have been first commenced, pro-
vided that in case of condemnation proceedings instituted in
a court in any county where part only of the lands lie, a copy
of the petition, docket entries and judgment certified under
the official seal of the Clerk of the Court in which the proceed-
ings were commenced, shall be filed in the Clerk's office of the
court of the county or of the City of Baltimore, where any
other part of such lands only lie; and on receipt of such
copies by the Clerk of such court, it shall be his duty forth-
with to enter and index the said petition and other proceed-
ings in his docket, and to record the same as though said case
had originated in his court.

18F. The provisions of Sections ISA, 18B, 180, 18D and
18E apply only to the acquisition of property by the State
Roads Commission under this Article and all the provisions
of this Article, except in so far as they are modified by Sec-
tions ISA, 18B, 180, 18D and 18E shall apply to such acqui-
sition by said State Roads Commission.

SEC. 2. And be it further enacted, That all laws or parts
of laws applicable to the State Roads Commission and incon-
sistent with the provisions of this Act are hereby repealed to
the extent of such inconsistency.

SEC. 3. And be it further enacted, That if any one or more
sections, clauses, sentences or parts of this Act shall for any
reason be questioned in any court, and shall be adjudged un-
constitutional or invalid, such judgment shall not affect, im-
pair or invalidate the remaining provisions thereof, but shall
be confined in its operation to the specific provisions so held
unconstitutional or invalid, and the inapplicability or in-
validity of any section, clause or provision of this Act in any
one or more instances shall not be taken to affect or prejudice
in any way its applicability or validity in any other instance.

SEC. 4. And be it further enacted, That this Act is hereby
declared to be an emergency law and necessary for the imme-

 

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Session Laws, 1941
Volume 582, Page 1500   View pdf image (33K)   << PREVIOUS  NEXT >>


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