80                               LAWS OF MARYLAND                        [CH. 52

CHAPTER 52
(Senate Bill 8)

AN ACT to repeal Article 33A of the Annotated Code of Maryland
(1957 Edition and 1962 Supplement), title "Eminent Domain,"
and to enact a new Article 33A in lieu thereof, to stand in the place
of the Article so repealed, and to be entitled "Eminent Domain,"
revising the procedure for the acquisition of private property for
public use by condemnation and relating generally to the power
of eminent domain in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Article 33A of the Annotated Code of Maryland (1957 Edition
and 1962 Supplement), title "Eminent Domain," be and it is hereby
repealed, and that a new Article 33A be and it is hereby enacted in
lieu thereof to stand in the place of the Article so repealed, to be
entitled "Eminent Domain," and to read as follows:

ARTICLE 33A

Eminent Domain
Section 1.

All proceedings for the acquisition of private property for public
use by condemnation shall be governed by the provisions of this
article and of Subtitle U of the Maryland Rules of Procedure; pro-
vided, however, that nothing herein shall prevent the State of Mary-
land or any of its instrumentalities or political subdivisions, acting
under statute or ordinance passed in pursuance of Section 40A or
Section 40B of Article III of the Constitution of this State, from
taking private property for public use immediately upon making
the payment required thereunder and giving any security required
thereunder; and provided further that nothing herein shall prevent
the use by the State Roads Commission of the procedure set forth
in Sections 10 through 20, inclusive, of Article 89B of this Coder ;
AND PROVIDED FURTHER THAT NOTHING HEREIN SHALL
PREVENT THE USE BY THE CITY OF BALTIMORE OF THE
PROCEDURE SET FORTH IN SECTIONS 674 THROUGH 685,
INCLUSIVE, OF THE CHARTER AND PUBLIC LOCAL LAWS
OF BALTIMORE CITY.

Section 2.

(a)  A proceeding for condemnation shall be brought in a court of
law in the county where the property sought to be condemned is
situated.

(b)   Whenever the property sought to be condemned lies in more
than one county, the proceeding for condemnation may be brought
in a court of law in any county where any part of the property lies,
and that court in which proceedings are first brought shall have
jurisdiction.

Section 3.

(a) Before filing a petition for condemnation of property used as
a cemetery, either public or private, WHENEVER THE STATE OR
ANY OF ITS INSTRUMENTALITIES OR POLITICAL SUBDIVI-