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Session Laws 1956 (Special Session 1), House and Senate Journals
Volume 622, Page 19   View pdf image (33K)
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Theodore R. McKeldin, Governor                       19

be conducted, and the compensation to be paid shall be ascertained
and paid, in the manner provided by Article 33 A of the Annotated
Code of Maryland, title "Eminent Domain". The exercise of the
right of condemnation shall be limited to property entirely within the
territorial jurisdiction of the Authority.

(d)  Notwithstanding the foregoing provisions of this Section, no
property owned by the State of Maryland or by any board, depart-
ment, agency or commission of the State shall be acquired by the
Authority by purchase or by condemnation without the prior con-
sent of the Board of Public Works of the State of Maryland.

(e)  The power of the Authority to acquire by purchase or judgment
of condemnation any right, title, interest, franchise or privilege in
real or leasehold property located in any county of this State, or
within the boundaries of a municipal corporation within any such
county, or within Baltimore City, shall be subject to and require
the prior approval of such county, municipal corporation or Balti-
more City, as in this subsection provided. If the property is located
in one of the counties of the State and not within any municipal-
corporation therein, the prior approval of the Board of County Com-
missioners of the county shall be required; if the property is located
within the boundaries of a municipal corporation within any such
county, the prior approval of the Mayor and Council, by whatever
name known, and of the Board of County Commissioners or County
Council of the County shall be required; and if the property is
located within the City of Baltimore, the prior approval of the
Board of Estimates of the Mayor and City Council of Baltimore
shall be required. Provided, however, that such approval shall
be conclusively presumed unless the Authority shall be notified
in writing to the contrary within ninety (90) days after making
written request of the Board of County Commissioners, the Mayor
and Council, or of said Board of Estimates, as the case may be, for
the approval of such acquisition. This subsection shall not be con-
strued to affect or impair the right of the Authority to acquire an
option or institute any condemnation proceedings for the possible
later acquisition of any such right, title, interest, franchise or
privilege.

(f) The Authority shall not have the right to condemn any property
or any interest therein belonging to and actually devoted to public
use by a public service or public utility corporation which is subject
in any manner to the provisions of Article 78 of the Annotated Code
of Maryland, title "Public Service Commission", nor shall the Au-
thority have the right to condemn any property or any interest
therein of such a corporation while being held in reasonable amounts
for necessary future public use by a public service or public utility
corporation.

(g)  The power of the Authority to acquire property shall in no
way be deemed to be an exclusive one, and so long as the Authority
has not acquired a particular property for the purposes of this
Article there shall be no impediment upon the right of any other
person, firm or corporation to acquire and use such property.

7. (Transfer of Existing Port Facilities.) (a) The Authority is
authorized to purchase, and the Mayor and City Council of Baltimore
is authorized to sell to the Authority, upon such terms and conditions


 

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Session Laws 1956 (Special Session 1), House and Senate Journals
Volume 622, Page 19   View pdf image (33K)
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