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Session Laws, 1961
Volume 654, Page 362   View pdf image (33K)
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362                               Laws of Maryland                       [Ch. 285

over the same which the State Roads Commission is authorized to
acquire under the preceding sections of this article, it shall and may
be lawful for said Commission to proceed as follows: The Com-
mission shall cause to be prepared a preliminary report, with such
plat or plats as may be necessary and showing: (a) The description,
which shall be by the description required by this section shall be by
metes and bounds of the area sought to be acquired or by lot and
block or square, where a subdivisional map or plat is of record and the
whole area of such lot is sought to be acquired,;
OR SUCH METES
AND BOUNDS SHALL BE SET FORTH ON A PLAT SHOW-
ING THE AREA TO BE ACQUIRED AND SETTING FORTH
THEREON A BEGINNING POINT FOR SAID DESCRIPTION
ESTABLISHED AND REFERENCED TO A MARKER, MONU-
MENT OR CALL SET FORTH IN A DEED, quantity and nature
of the property to be taken; (b) the amount of damages awarded
therefor; (c) the amount of benefits assessed to the adjoining
land (which shall not exceed the damage awarded and costs of
condemnation), and which in case of a railroad crossing shall be
governed by the section of this article for such cases provided; (d)
the names of the persons interested in the property taken or benefited,
with their respective estates and interests therein (and if any such
estates or interests shall belong to the unknown heirs of any deceased
owner, the report shall so state); (e) and the damages and benefits
awarded or assessed to each. Upon completion of such report the State
Roads Commission shall, by an advertisement inserted twice suc-
cessively in one or more newspapers published in the county where
the land lies, give notice to the parties interested (naming them) that
such preliminary report is open to inspection at the office of the
Commission, and that during a period of fifteen days from the date of
the first publication of such notice the Commission will hear objec-
tions and make such corrections as may be proper. After the expira-
tion of said period of fifteen days a final report, including such plat
or plats as may be necessary, shall by the Commission be deposited
with the clerk of the circuit court for the county in which the
property to be taken lies; and thereupon the Commission shall, by
advertisement inserted three times successively in one or more news-
papers published in said county, give notice to the parties interested
(naming them) that such final report has been deposited, and that
after the expiration of twenty-one days from the date of the first
publication the said report will become (and the same shall become)
absolute and final as against all persons who shall not in the meantime
have appealed therefrom to such circuit court. Every such appeal
shall, upon order of the appellant's attorney, be docketed as a
separate case in the name of the appellant against the State of
Maryland. Accompanying such order shall be a statement of the
grounds upon which the appeal is based, and every such appeal shall
be heard as promptly as may be on such day as the court shall fix.
The appellant shall be entitled to have the amount of his damages or
benefits assessed by a jury, and shall have the right to appeal to the
Court of Appeals on any question of law involved. At every such
inquisition the State shall proceed as if party plaintiff, and the costs
in the circuit court shall be paid by the State. If no such appeal from
the report of the Commission shall be taken, or when all such appeals
have been finally disposed of, it shall be lawful for the State Roads
Commission (if for any reason such course may become necessary)
to pay into court, under an order of the judge thereof, the amount
due to any person in interest, and thereupon the title to the property

 

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Session Laws, 1961
Volume 654, Page 362   View pdf image (33K)
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