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Session Laws, 1955
Volume 620, Page 735   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                     735

State. In any condemnation proceedings the court having juris-
diction of the suit, action or proceeding may make such orders as
may be just to the Commission and to the owners of the property to
be condemned and may require an undertaking or other security to
secure such owners against any loss or damage by reason of the
failure of the Commission to accept and pay for the property, but
neither such undertaking or security nor any act or obligation of the
Commission shall impose any liability upon the State except as may
be paid from the funds provided under the authority of this sub-title.

(c)  If the owner, lessee or occupier of any property to be con-
demned shall refuse to remove his personal property therefrom or
give up possession thereof, the Commission may proceed to obtain
possession in any manner now or hereafter provided by law.

(d)   With respect to any railroad property or right of way upon
which railroad tracks are located, aNy powers of condemnation or of
eminent domain may be exercised to acquire only an easement inter-
est therein which shall be located either sufficiently far above or
sufficiently far below the grade of any railroad track or tracks upon
such railroad property so that neither the Expressway nor any part
thereof, including any bridges, abutments, columns, supporting struc-
tures and appurtenances, nor any traffic upon it shall interfere in
any manner with the use, operation or maintenance of the trains,
tracks, works or appurtenances or other property used by the rail-
road for railroad purposes nor endanger the movement of the trains
or traffic upon the tracks of the railroad. Prior to the institution of
condemnation proceedings for such easement over or under such
railroad property or right of way, plans and specifications of the
Expressway showing compliance with the above mentioned above or
below grade requirements and showing sufficient and safe plans and
specifications of such overhead or undergrade structure and appur-
tenances shall be submitted to the railroad for examination and ap-
proval. If the railroad fails or refuses within thirty
SIXTY days to
approve the plans and specifications so submitted, the matter shall
be submitted to the Public Service Commission of Maryland whose
decision, arrived at after due consideration in accordance with its
usual procedure, shall be final as to the sufficiency and safety of
such plans and specifications and as to such elevations or distances
above or below the tracks. Such overhead or undergrade structures
and appurtenances shall be constructed only in accordance with such
plans and specifications and in accordance with such elevations or
distances above or below the tracks so approved by the railroad or
the Public Service Commission of Maryland as the case may be.
A copy of the plans and specifications approved by the railroad or
the Public Service Commission of Maryland shall be filed as an
exhibit with the petition for condemnation.
THE COST OF SUCH
OVERHEAD OR UNDERGRADE STRUCTURES AND APPUR-
TENANCES SHALL BE PAID BY THE STATE ROADS COM-
MISSION AS PART OF THE COST OF THE EXPRESSWAY.

126G. (Revenue Bonds.) (a) The Commission is hereby author-
ized to provide, at one time or from time to time, for the issuance
of revenue bonds of the State for the purpose of paying all or any
part of the cost of the Expressway or any part or parts thereof.
The principal of and the interest on such bonds shall be payable
solely from the funds herein provided for such payment. The bonds
of each issue shall be dated, shall bear interest at such rate or rates


 

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Session Laws, 1955
Volume 620, Page 735   View pdf image (33K)
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