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Session Laws, 1955
Volume 620, Page 1078   View pdf image (33K)
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1078                             LAWS OF MARYLAND                        [CH. 647

the value of the property as of the date of taking, from said date to
the date of payment; but interest shall not be allowed on so much
thereof as shall have been paid into said registry. No sum so paid into
said registry shall be charged with commissions or poundage.

Upon the application of the parties in interest the Court may order
that the money so deposited in the registry of the Court, or any part
thereof, be paid forthwith for or on account of the just compensation
to be awarded in said proceedings. If the compensation finally award-
ed in respect of said lands or any parcel thereof shall exceed the
amount of money so deposited in the registry of the Court or received
by any person entitled, the Court shall enter judgment against said
Commission for the amount of the deficit, and if the compensation
finally awarded in respect of said lands or any parcel thereof shall be
less than the amount of money so deposited, the Commission may
recover the excess so paid to any of such persons by an action at law.

Upon the filing of a declaration of taking, the Court shall have
power to fix the time within which, and the terms upon which, the
parties in possession shall be required to surrender possession to said
Commission. The Court shall have power to make such orders in
respect to encumbrances, liens, rents, taxes, assessments, insurance
and other charges, if any, as shall be just and equitable.

Upon the filing of said declaration of taking and the deposit in the
registry of the Court, to the use of the persons entitled thereto, of the
amount of the estimated compensation stated in said declaration,
said Commission may apply to the Court without notice, unless the
Court shall require notice to be given, for a writ of possession, and
the Court shall thereupon cause such writ to be issued, which shall be
executed in the same manner as when issued in other cases for the
delivery of possession of real property.

If the Commission shall not have acquired possession of such lands
under the declaration of taking as herein provided at any time after
ten days after the return or recordation of the verdict of award in
said proceedings the said Commission may enter and take possession
of the property so condemned, upon first paying the Clerk of the Court
all costs taxed to date, and depositing in the registry of the Court, to
the use of the persons entitled thereto, the amount of said award with
interest at the rate of six per centum per annum from the date thereof
to the date of said deposit, notwithstanding any appeal or further
proceedings upon the part of the defendant, and shall thereupon be
entitled to a writ of possession. At the time of taking possession
under such declaration of taking or such verdict of award, as above
provided, said Commission shall give its corporate undertaking to
abide by and faithfully fulfill the obligations of its declaration of
taking, or verdict of award in said proceedings, and any judgment
against it on further proceedings or appeal.

Said Commission is authorized and empowered to sell, transfer and
convey any of its real or personal property not considered by it neces-
sary for the operation of its water or sewer systems, and all such
sales, transfers or conveyances heretofore made by said Commission
are hereby ratified and confirmed.]

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1955.

Approved April 25, 1955.

 

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Session Laws, 1955
Volume 620, Page 1078   View pdf image (33K)
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