412 LAWS OF MARYLAND. CH. 272

City and the State Roads Commission which may devolve
upon them under this section shall be final and conclu-
sive unless impeached for fraud in appropriate proceed-
ings instituted in the Circuit Court for Baltimore City, to
set aside their findings on such ground. Whenever said
Engineers may require and determine that the City of
Baltimore shall construct a road to replace any state road
diverted, altered, closed or destroyed, or to be diverted,
altered, closed or destroyed in the course of the work con-
templated by this Act, said City shall have power to agree
with the owners of land, property or things to be taken
or injuriously affected in the construction thereof, and, in
default of agreement, to condemn the right of way under
the provisions of this Act, authorizing the condemnation
of property, land or things for the purposes of this Act,
or may, at its election, make application to the State
Roads Commission for the opening or alteration of such
state road, in which latter event the proceedings shall be
those prescribed by law for the opening or alteration of
state roads, except that no land owner shall be assessed
for any part of the cost thereof, the whole of such cost to
be borne by the City of Baltimore. In the event of dis-
agreement between the said Engineers as to any matter
devolved upon them by the terms of this section, they
shall call in as a third arbiter, an engineer skilled in the
construction or maintenance of highways and bridges, to
be selected by the Governor of Maryland, on the appli-
cation of either of said Engineers, in the event they are
unable to agree on such third person, the decision of any
two of the board thus selected to be binding on the parties,
and to be final and conclusive, unless impeached for fraud
as aforesaid.

The powers and duties 9f the Chief Engineer of Balti-
more City under this section may, at any time, with the
consent of the Mayor of Baltimore, be delegated by him
to one of his assistant engineers, or such powers may be
exercised and duties performed by some third party to be
named by the municipal agency hereinafter charged with
the duty of carrying the work under this Act into execu-
tion. The powers conferred and the duties imposed by
this section upon the Chief Engineer of the State Roads
Commission may at any time, with the consent of the
said State Roads Commission, be delegated by him to one
of his assistant engineers.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1941.

Approved May 26, 1941.