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Session Laws, 1958
Volume 619, Page 254   View pdf image (33K)
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254                                  LAWS OF MARYLAND                            i Ch. 75

CHAPTER 75
(House Bill 39)

AN ACT to repeal and re-enact, with amendments, Section 10 of
Article 33A of the Annotated Code of Maryland (1957 Edition),
title "Eminent Domain", relating to the publication of notice in
condemnation of land for cemeteries.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 10 of Article 33A of the Annotated Code of Maryland
(1957 Edition) be and it is hereby repealed and re-enacted with
amendments, to read as follows:

10. Cemeteries.

(a) Before State, county or city authorities or their agents file a
petition to acquire by condemnation any property that is used as a
cemetery, either public or private, they shall give public notice by
publication in some newspaper published in the county where the
lands or property sought to be condemned may be, or if such lands
or property lie within the city of Baltimore by publication of such
notice in Baltimore City. Such publication shall be made at least
once a week for three successive weeks in some newspaper published
in the county or Baltimore City.
THE NOTICE SHALL CONTAIN
A DESCRIPTION AND THE LOCATION OF THE CEMETERY
BEING CONDEMNED.

[(a)] (b) Whenever state, county or city authorities, or their
agents, shall for any public purpose or purposes have the right to
acquire, or proceed by the power of eminent domain to acquire, prop-
erty that is used as a cemetery, either public or private, the Jury
shall, in assessing damages for said land and improvements so ac-
quired or to be acquired, take into consideration in addition to the
damages for said land and improvements the cost of removal of
bodies, markers and monuments, and the placing of the same at
some other suitable or comparable location within the State of Mary-
land to be provided by the authorities of the cemetery discontinued,
and such removal and placing to the location chosen as above pro-
vided shall be effected by the authorities of the cemetery discontinued
or their agents, before payment is made of the portion of the damages
assessed for such purposes. Damages to be assessed in favor of
any owner who elects to remove a body, marker or monument to any
location other than that chosen as above provided shall be in the
same amount as if the body, marker or monument had been removed
to the said specified location.

[(b)] (c) Whenever State, county or city authorities, or their
agents, shall for any public purpose or purposes have the right to

[See page image for strike-through]


ACQUIRE, OR proceed by the power of eminent domain to acquire,
property that is used as a church or place of worship, the jury, in
assessing damages for said church or place of worship so acquired or

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1958
Volume 619, Page 254   View pdf image (33K)
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