HERBERT R. O'CONOR, GOVERNOR. 1549

vate property damaged or destroyed. Such proceedings shall
be conducted, and the compensation to be paid shall be ascer-
tained and paid, in the manner provided by or referred to in
Sections 4 and 40 of Article 89B of the Annotated Code of
Maryland (1939 Edition) and/or by any other present or future
law or laws of the State of Maryland relating to condemna-
tion or to the exercise of the power of eminent domain. The
Commission is further authorized and empowered to exercise
in this State and in any adjoining State, or in the District of
Columbia, or in the City of Washington such powers of emi-
nent domain and such franchises as may be conferred upon
the State or the Commission by any act of the Congress of the
United States now in force or which may hereafter be enacted
or which may be granted or assigned to the State or the Com-
mission. Title to any property acquired by the Commission
shall be taken in the name of the State. The State shall be
under no obligation to accept and pay for any property con-
demned or any costs incidental to any condemnation pro-
ceedings, and shall, in no event, pay for the game except from
the funds provided under this sub-title; and in any condemna-
tion proceedings, the court having jurisdiction of the suit,
action or proceeding may make such orders as may be just to
the State and to the owners of the property to be condemned
and may require an undertaking or other security to secure
such owners against any loss or damage to be sustained by
reason of the failure of the State to accept and pay for the
property, but such undertaking or security shall impose no
liability upon the State, except such as may be paid from the
funds provided under the authority of this sub-title. The
State of Maryland hereby consents to the use of all lands lying
under water, which are within the State and are necessary for
the establishment, construction and operation of the motor-
way.

If the owner, lessee or occupier of any property to be con-
demned shall refuse to remove his personal property there-
from or give up possession thereof, the Commission may pro-
ceed to obtain possession in any manner now or hereafter
provided by law.

With respect to any railroad property or right-of-way upon
which railroad tracks are located, any powers of condemna-
tion or of eminent domain may be exercised to acquire only
an easement interest therein which shall be located either
sufficiently far above or sufficiently far below the grade of any
railroad track or tracks upon such railroad property so that
neither the proposed highway nor any part thereof, including
any bridges, abutments, columns, supporting structures and
appurtenances, nor any traffic upon it shall interfere in any
manner with the use, operation or maintenance of the trains,