1012 LAWS OF MARYLAND [CH. 318

4B. Upon the adoption by the legal and qualified voters
of this State of the amendment to Article III of the Con-
stitution of this State, in addition to the power and au-
thority 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 pro-
ceed 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 esti-
mate 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 property owner, upon writ-
ten 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 condemna-
tion 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 be finally awarded
in a subsequent condemnation 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 compensa-
tion and damages, if any, caused thereby, the said State
Roads Commission shall institute condemnation proceed-
ings in the manner prescribed by the provisions of Article
33A of the Annotated Code of Public General Laws; pro-
vided, however, the owner or owners at any time subse-
quent to the payment of such sum into court request, in
writing to the State Roads Commission, that such con-
demnation proceedings be instituted and in such case it
shall be the duty of the State Roads Commission within
thirty days after receipt of such notice to institute such
proceedings and the duty of the court to hear and deter-
mine such proceedings as soon thereafter as practicable.
It is the intention of this Section to provide that such prop-
erty and rights of way, in an emergency, in the discretion
of the Commission, be condemned after construction of the
highway has been commenced as well as prior thereto, al-
though so far as possible all rights of way shall be acquired
or contracted for before any route is definitely located.