Theodore R. McKeldin, Governor                     169

or is unable to be present, then the appointing authority shall desig-
nate another person or persons with similar qualifications as the
absent member or members to so serve; all cases shall be heard and
determined by a full Board unless all parties involved agree to the
contrary. In cases where the Commission determined that valid and
marketable title cannot be obtained without a Court proceeding, and
the return of an inquisition by a jury, then and in those cases the
Board shall not hear and determine such cases, but same shall be
filed as a condemnation case in the appropriate Court as provided
by law. In cases where some person having an interest in the prop-
erty to be acquired is a non-resident of the State and will not accept
service and agree to the Board's jurisdiction said cases shall also
be filed directly in the appropriate Court for judicial determination.
All cases certified to said Board shall be disposed of and terminated
not more than five (5) months after being certified to said Board
unless a longer period be agreed to in writing by both parties and
approved by the Chairman of said Board, AND IN SUCH CASES
THE VALUE OF THE PROPERTY SHALL BE DETERMINED
AS OF THE DATE OF THE FILING OF THE PLATS AND
MAPS AS AFORESAID.

9-1. In the event either the Commission or the property owner
shall be dissatisfied with the findings and award of the Board of
Property Review either shall have the right, within thirty (30) days
therefrom, of appeal to the Circuit Court for the County or the
Superior Court for Baltimore City, as the case may be, in whichever
jurisdiction the property is situated. Upon appeal the case shall be
heard and determined under the procedure set forth in Article 89B
and S3 A of the Annotated Code of Maryland (1951 Edition). In
cases where the appeal is sought by the property owner he shall so
notify the Commission in writing and it shall be the duty of the
Commission to prepare and file the condemnation case in the proper
Court, as aforesaid, and the case shall be heard de novo and as if
there had been no hearing before the Board of Property Review.
If the Commission shall have failed to acquire title to the property
and ascertained the amount to be paid for same within one year
from the date the plats or maps are recorded, as aforesaid, or have
failed to file a condemnation suit in the proper Court, as aforesaid,
then, and in such case, the value of the property shall no longer

[See page image for strike-through]

BE DETERMINED AS OF THE DATE THE PLATS OR MAPS
WERE RECORDED BUT SHALL BE DETERMINED AS OF
THE TIME OF ACQUISITION UNLESS THE VALUE BE LESS
AT THE TIME OF ACQUISITION AND THEN, IN SUCH CASES,
THE VALUE SHALL BE DETERMINED AS OF THE RECOR-
DATION DATE.

9J. The Commission is hereby empowered to acquire, under the
procedure set forth in the aforegoing sections or under the appro-
priate sections of Articles 89B and 33A of the Code (1951 Edition),
property other than needed for highway purposes along controlled
or limited access highways when such property is cut off from suit-
able access to a public road because of the construction or recon-
struction of any controlled or limited access highway. The said Com-
mission is further empowered to acquire by condemnation land and
property rights necessary to provide a right of way or entrance to
a public road from any property that has been denied access because