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Volume 664, Page 35   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

CONSTITUTION OF 1867

PROPOSED CONSTITUTION OF 1968

jury. In the various municipal corpora-


tions within Cecil County, where in the


judgment of and upon a finding by the


governing body of said municipal corpora-


tion thai there is immediate need therefor


for right of way for municipal roads, streets


and extension of municipal water and sew-


age facilities, the governing body may


provide that such property may be taken


immediately upon payment therefor to the


owner or owners thereof, or into Court,


such amount as a licensed real estate


broker appointed by the particular govern-


ing body shall estimate to be a fair market


value of such property, provided that the


municipal corporation shall secure the


payment of any further sum that sub-


sequently may be awarded by a jury. This


sectiin 40A shall not apply in Montgomery


County or any of the various municipal


corporations within Cecil County, if the


property actually to be taken includes a


building or buildings.


Sec. 40B. The General Assembly shall


enact no law authorizing private property


to be taken for public use without just


compensation, to be agreed upon between


the parties or awarded by a jury, being


first paid or tendered to the party entitled


to such compensation, except that where


such property in the judgment of the State


Roads Commission is needed by the State


for highway purposes, the General Assembly


may provide that such property may be


taken immediately upon payment therefor


to the owner or owners thereof by said


State Roads Commission, or into Court,


such amount as said State Roads Commission


shall estimate to be of the fair value of


said property, provided such legislation also


requires the payment of any further sum


that may subsequently be awarded by a


jury.


Sec. 40C. The General Assembly shall


enact no law authorizing private property


to be taken for public use without just


compensation, to be agreed upon between


the parties or awarded by a jury, being


first paid or tendered to the party entitled


to such compensation, except that where


such property, located in Prince George's


County in this State, is in the judgment


of the Washington Suburban Sanitary Com-


mission needed for water supply, sewerage


and drainage systems to be extended or


constructed by the said Commission, the


General Assembly may provide that such


35


 

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