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Theodore R. McKeldin, Governor 167
land and the several Clerks of Court of the State of Maryland,
to record the above referred to plats or maps and keep same as
permanent public records of their respective offices. The Commission
shall forthwith pay to the property owners, whose property is to be
taken as shown on the aforementioned plats or maps or into the
Circuit Court of the County or the Superior Court of Baltimore City,
as the case may be, in whichever jurisdiction the property is located,
such amount as the Commission has theretofore determined to repre-
sent the fair value of said property accompanied by a petition stating
the name or names and addresses of the property owners, the loca-
tion of the property and the fair market value of the land and prop-
erty rights to be obtained as determined by the Commission. Upon
the payment of said amount into Court or to the property owner and
the recording of the plats or maps as aforesaid, the Commission may
thereupon take possession of the property designated on the above
mentioned plats or maps for the purpose of proceeding with the con-
templated highway construction, und said construction shall proceed
without any delay caused by1 the property owner. However, if a
dwelling house or commercial establishment is required to be taken
the resident or occupant thereof shall not be required to vacate said
building until said property has been condemned in the appropriate
Court and an inquisition returned by the jury us provided by law,
unless the Commission and the owner otherwise agree.
When said sum is so paid into Court the property owner upon writ-
ten request to the Clerk of the said Court shall be entitled to receive
the said sum without prejudice to any of said proprety owner's
rights if the said property owner agrees to pay back to the Commis-
sion the difference between the said sum and the final award, if said
final award be less than the sum paid into Court; such payment to
the property owner or into Court, however, shall in no wise limit
the amount to be allowed under subsequent condemnation proceed-
ings hereinafter provided, and the Commission shall make payment
to the owner or owners of said land and property rights, from any
funds in its possession or under its control, any further sum that may
subsequently be finally awarded in subsequent condemnation pro-
ceedings, including interest at the rate of six percent (6%) per
annum upon such further sum.
9F. Upon the recording of the plats or maps and the payment of
the money us aforesaid, the Commission shall proceed to negotiate
with the property owners whose property is offoctod AFFECTED
in an effort to obtain by amicable negotiation such right, title and
interest of the owner's property as is necessary for the proposed new
construction or reconstruction as shown on the plats or maps hereto-
fore provided. The value of the land and rights to be acquired shall
be determined and fixed as of the date the plats or maps are recorded
and the monies heretofore provided paid to the property owner or
into Court, and if both be not done on the same date, the value of
the property shall be determined as of the date of the latter.
9G. If the Commission and the property owner be unable to agree
as to the fair value of the property taken and the resulting damage to
the remainder, if any, within six (6) months after recording the
plats or maps and the payment of the money as aforesaid, and the
Commission is not able to acquire the title to the property affected
by negotiation, it shall then, unless it deems it desirable before that
time and unless the property owner requests it to so do prior to that
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