592                              LAWS OF MARYLAND                      [CH. 305

CHAPTER 305
(House Bill 832)

AN ACT to add new Section 18-4A to the Code of Public Local Laws
of Prince George's County (1963 Edition), being also Article 17 of
the Code of Public Local Laws of Maryland, title "Prince George's
County," subtitle "County Commissioners," to follow immediately
after Section 18-4 thereof, said new section to be headed "Property
taken for construction of public roads or streets"; giving the Board
of County Commissioners of Prince George's County certain pow-
ers to take property and proceed with county road or street con-
struction before instituting condemnation proceedings therefor, in
the event of the adoption of the amendment to Article III of the
Constitution of this State authorizing such taking.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 18-4A be and it is hereby added to the Code of
Public Local Laws of Prince George's County (1963 Edition) being
also Article 17 of the Code of Public Local Laws of Maryland, title
"Prince George's County," subtitle "County Commissioners," to fol-
low immediately after Section 18-4 thereof, said new section to be
headed "Property taken for construction of public roads or streets"
and to read as follows:

18-4A. Property taken for construction of public roads or streets

Upon the adoption by the legal and qualified voters of this State
of the amendment to Article HI of the Constitution of this State
relating to eminent domain, in addition to powers and authority
heretofore granted, the Board of County Commissioners of Prince
George's County is hereby authorized to enter upon and take posses-
sion of such property and rights of way, to include lands improved
by an occupied dwelling but not the occupied dwelling building nor
the land thereunder itself, AN AREA UNDER AND ABOUT
THE SAID BUILDING DEMARCATED BY A LINE CIRCUM-
SCRIBED AT A DISTANCE FROM THE IMPROVEMENT
ITSELF EQUAL TO THE FRONT SET BACK LINE FOR
THE EXTANT ZONING CLASSIFICATION as the Board of County
Commissioners may deem necessary, and proceed with road construc-
tion, provided the said Board of County Commissioners shall first pay
to the owner or owners thereof or into court to the use of the person
or persons entitled thereto, such sums as the Board of County Commis-
sioners estimates to be the fair value of the land and improvements
taken and damage done, if any; provided further that the Board of
County Commissioners' estimate of fair value shall not be less than
the appraised value of the property being taken as evaluated by at
least one qualified appraiser whose qualifications have been accepted
by the Circuit Court of Prince George's County. If said sum is paid
into court the property owner upon written request to the clerk of the
court, shall be entitled to receive said sum without prejudice to any
rights if the property owner agrees to pay back to the Board of
County Commissioners the difference between said sum and the final
award, if the final award is less than the sum paid into court; such
payment, however, shall in no way limit the amount to be allowed
under subsequent condemnation proceedings, and the Board of