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Session Laws, 1962
Volume 651, Page 122   View pdf image (33K)
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122 LAWS OF MARYLAND [CH. 36

cretion, order the costs of said second or other inquisition to be paid
by the owner or owners of said land or materials condemned; and
the inquisition shall, in all cases, describe the property taken or the
bounds of the land condemned, and the quality or duration of the
interest in the same, valued for the company, and such valuation,
when paid or tendered to the owner or owners of the property, his,
her or their legal representatives, shall entitle the said company to the
estate and interest in the same thus valued as if it had been legally
conveyed by the owner or owners of the same; and the valuation, if
not received when tendered, may at any time thereafter be received
without costs from said company by the owner or owners his, her or
their legal representatives; and the sheriff shall keep the said jury
together for a reasonable time, until they shall agree upon and sign
and seal the said inquisition; and in case it shall so happen that the
jury cannot agree after being kept together as aforesaid, the sheriff
may, in his discretion, discharge the said jury, and without any
further warrant from a justice of the peace, shall, within five days
thereafter, summon another jury of twenty inhabitants, as aforesaid,
not upon the former jury; and the same proceedings shall be had in
all respects as is hereinbefore provided; and in case of a second or
other disagreement of the jury the same proceedings shall be had
until a verdict or inquisition shall be made and returned as afore-
said. ]

196.

Whenever any railroad company, heretofore incorporated, or
which may hereafter be incorporated, shall find it necessary for the
purpose of avoiding annoyance to public travel, or dangerous, or
difficult curves or grades, or unsafe, or unsubstantial grounds or
foundations, or for other reasonable causes, to change the location or
grade of any portion of its road, whether heretofore made, or here-
after to be made, such railroad company shall be, and is hereby
authorized to make, such changes of grade and location, not depart-
ing from the general route prescribed in the certificate of such
company; and for the purpose of making any such change in the
location and grades of any such road as aforesaid, such company
shall have all the rights, powers and privileges to enter upon, and
take, and appropriate such lands, and make surveys necessary to
effect such changes and grades [, upon the same terms and be sub-
ject to the same obligations, rules and regulations as are prescribed
by law, ] as provided for in Article SS A of the Annotated Code of
Maryland j title "Eminent Domain"
and shall also be liable in
damages, when any have been caused by such change, to the owner or
owners of the lands upon which said road was heretofore constructed,
to be ascertained and paid, or deposited as aforesaid; but no damages
shall be allowed unless claimed within thirty days after actual
notice of such intended change shall be given to such owner or owners,
if residing on the premises, or sixty days' notice by publication in
some newspaper in general circulation in the county, if nonresident;
provided, that when any condemnation shall have been made [and
confirmed, ] under this section i[, or under Sections 193 and 194],
the said condemnation shall be finally binding upon the company,
unless within thirty days they elect to abandon said location.

199.
If it shall be necessary, in the location of any part of any railroad,


 

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Session Laws, 1962
Volume 651, Page 122   View pdf image (33K)
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