J. MILLARD TAWES, GOVERNOR                               361

upon ascertaining the amount to be paid to the property owners af-
fected thereby, or into court for their use, the said plats or maps
shall be signed by the chairman of the State Roads Commission, and
then recorded with the secretary of said Commission, with the office
of the Secretary of State of Maryland in his office at Annapolis,
Maryland, and with the clerk of the circuit court of the county or
counties through which the proposed new highway or reconstructed
highway traverses, or with the clerk of the Superior Court of Balti-
more City as the case may be, and it shall be the duty of the secre-
tary of the State Roads Commission, the Secretary of State of Mary-

land and the several clerks of court of the State of Maryland, to

record the above referred to plats or maps and keep same as per-
manent public records of their respective offices. The Commission
shall forthwith pay to the property owners, whose property is to be
taken as shown on the aforementioned plats or maps or into the cir-
cuit court of the county or the Superior Court of Baltimore City, as
the case may be, in whichever jurisdiction the property is located,
such amount as the Commission has theretofore determined to repre-
sent the fair value of said property accompanied by a petition stating
the name or names and addresses of the property owners, the location

of the property and the fair market value of the land and property

rights to be obtained as determined by the Commission. The descrip-
tion required by the section shall be by metes and bounds of the area
sought to be acquired or by lot and block or square, where a subdivi-
sional map or plat is of record and the whole area of such lot is so sought
to be acquired. Upon the payment of said amount into court or to the
property owner and the recording of the plats or maps as aforesaid,
the Commission may thereupon take possession of the property desig-

nated on the above mentioned plats or maps for the purpose of pro-

ceeding with the contemplated highway construction, and said con-
struction shall proceed without any delay caused by the property
owner. However, if a dwelling house or commercial establishment is
required to be taken the resident or occupant thereof shall not be re-
quired to vacate said building until said property has been condemned
in the appropriate court and an inquisition returned by the jury as
provided by law, unless the Commission and the owner otherwise

agree.

When said sum is so paid into court the property owner upon writ-

ten request to the clerk of the said court shall be entitled to receive

the said sum without prejudice to any of said property owner's rights
if the said property owner agrees to pay back to the Commission the
difference between the said sum and the final award, if said final
award be less than the sum paid into court; such payment to the prop-
erty owner or into court, however, shall in no wise limit the amount
to be allowed under subsequent condemnation proceedings hereinafter
provided, and the Commission shall make payment to the owner or
owners of said land and property rights, from any funds in its posses-
sion or under its control, any further sum that may subsequently be
finally awarded in subsequent condemnation proceedings, including
interest at the rate of six percent (6%) per annum upon such further

64.

Whenever, for the purpose of building a new road or widening any-
existing road or crossing the tracks of any railroad, it shall become
necessary to condemn any land or water or any interest in, under or