342 LAWS OF MARYLAND [CH. 54

stitution of this State, in addition to the power and author-
ity provided by Section 4 of this Article, the State Roads
Commission is hereby authorized to enter upon and take
possession of such property and rights of way as the
State Roads Commission may deem necessary, and proceed
with the highway construction provided the said State
Roads Commission shall first pay to the owner or owners
thereof or into Court, for his, her or their benefit, such
sum as the said State Roads Commission shall estimate
to be the fair value of the land and improvements taken
and damage done, if any; PROVIDED, HOWEVER, IF
SAID SUM IS SO PAID INTO COURT, THE PROP-
ERTY OWNER, UPON WRITTEN REQUEST TO THE
CLERK OF SAID COURT, SHALL BE ENTITLED TO
RECEIVE SAID SUM WITHOUT PREJUDICE TO ANY
OF THESE RIGHTS IF SAID PROPERTY OWNER
AGREES TO PAY BACK TO THE STATE ROADS
COMMISSION THE DIFFERENCE BETWEEN SAID
SUM AND THE FINAL AWARD, IF SUCH FINAL
AWARD BE LESS THAN THE SUM PAID INTO
COURT; such payment, however, shall in no wise limit
the amount to be allowed under subsequent condemnation
proceedings, and the State Roads Commission shall pay
to the owner or owners of such property and rights of way
from any funds, in its possession or under its control, any
further sum that may subsequently

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BE
FINALLY AWARDED IN A SUBSEQUENT CONDEM-
NATION PROCEEDINGS. Within sixty (60) days after
the completion of the construction of such highway, if the
State Roads Commission and the owner or owners of such
land are unable to agree as to compensation and damages,
if any, caused thereby, the said State Roads Commission
shall institute condemnation proceedings in the manner
prescribed by the provisions of Article 33A of the An-
notated Code of Public General Laws. It is the intention
of this Section to provide that such property and rights
of way, in an emergency, in the discretion of the Commis-
sion, be condemned after construction of the highway
has been commenced as well as prior thereto, although
so far as possible all rights of way shall be acquired
or contracted for before any route is definitely located.
This Section to apply only to acquisition of property by
the State Roads Commission.

SECTION 2. And be it further enacted, That this Act
shall take effect June 1, 1950.

Approved March 28, 1950.