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Session Laws, 1962
Volume 651, Page 168   View pdf image (33K)
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168 LAWS OF MARYLAND [CH. 36

ordinary proceeds of municipal taxation; provided, however, that
the provisions of said act of 1906 shall be obligatory upon, and not
discretionary with, the mayor and city council of Baltimore and the
board of estimates, and the price to be charged for new rights,
franchises and easements similar to those condemned, shall be the
same as the amount of the condemnation award.

17 (b) The said board members, in the performance of their
duties, shall be under the jurisdiction of the said courts and shall
be considered as officers of said courts. It shall be the duty of the
local governing 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 assist-
ance is not available the Commission shall, upon request of the board,
provide such assistance. Each board so appointed shall select its
own chairman and make its own rules not inconsistent herewith or
with the Maryland Rules.

17(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
Commission 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
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. ]

17(f). [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 t] The value of the property shall be determined as of the date
of the filing of the plats and maps as aforesaid.

18.

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 there-
from, ] of appeal to the circuit court for the county or the Superior
Court for Baltimore City, as the case may be, in whichever jurisdic-
tion the property is situated. Upon appeal the case shall be heard
and determined under the procedure set forth in this article and
Article 33A of the Annotated Code of Maryland. [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 Com-


 

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Session Laws, 1962
Volume 651, Page 168   View pdf image (33K)
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