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Session Laws, 1960
Volume 641, Page 254   View pdf image (33K)
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254 LAWS OF MARYLAND [CH. 93

proved by the clerk of the court of the respective county, or the
Superior Court of Baltimore City.

(b) The said board members, in the performance of their duties,
shall be under the jurisdiction of the said courts and shall be consid-
ered as officers of said courts. It shall be the duty of the local gov-
erning bodies to provide suitable space for the boards to meet, and
the clerks of the several courts shall, whenever possible, provide
suitable clerical assistance. If, from time to time, such assistance is
not available the Commission shall, upon request of the board, pro-
vide such assistance. Each board so appointed shall select its own
chairman and make its own rules not inconsistent herewith.

(c) It shall be the power and duty of said board to promptly hear
all cases certified to it by the Commission and determine the amount
of the award to be paid by the Commission and it shall also have the
authority to determine what portion of said award, if any, shall be
paid to any tenant, lessee, mortgagee, or other person having any
interest therein. The board shall hear representatives of the Com-
mission and representatives of the property owner and the owner if
said owner desires to be heard. Each side shall have the right to be
represented by legal counsel and each side shall have the right of
cross-examination. After hearing the witnesses and counsel and
reviewing the exhibits offered the board shall then view the property
[effected] affected and promptly place a value upon the taking. Strict
rules of evidence need not be adhered to in the hearings before the
board; however, legal counsel for either side or the property owner,
or a representative of the Commission may make an oral statement
to the board at the conclusion of the view and before the board
reaches its findings.

(d) When one or more members of the said board shall be dis-
qualified, for any reason, from hearing and determining any case or
is unable to be present, then the appointing authority shall designate
another person or persons with similar qualifications as the absent
member or members to so serve; all cases shall be heard and deter-
mined by a full board unless all parties involved agree to the con-
trary.

(e) 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 property
to be acquired is a nonresident 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.

(f) All cases certified to said board shall be disposed of and ter-
minated not more than five (5) months after being certified to said
board unless a longer period be agreed to in writing by both panties
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.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1960.

Approved March 23, 1960.


 

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Session Laws, 1960
Volume 641, Page 254   View pdf image (33K)
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