J. MILLARD TAWES, Governor                       921

Highway Beautification

236.   For the purpose of promoting the public safety, convenience
and enjoyment of travel on, and protection of the public investment
in, the highways of the State and for the restoration, preservation
and enhancement of scenic beauty within and adjacent to such
highways; and in order that the State is entitled to receive and,
expend the three per centum non-matching funds from the Federal
Government, pursuant to the provisions of Title 23, United States
Code, "Highways," it is hereby declared to be in the public interest
to acquire strips of land for the restoration, preservation and en-
hancement of scenic beauty within and adjacent to the Federal-aid
highways of this State and to acquire land for and construct rest
and recreation areas adjacent to the Interstate and Federal Aid
Primary System of Highways.

237.    The State Roads Commission is hereby authorized to acquire
strips of land necessary, in the opinion of the Commission, for the
restoration, preservation and enhancement of scenic beauty within
and adjacent to Federal-aid highways of this State, including acqui-
sition of land for the construction of publicly owned and controlled
rest and recreation areas and sanitary and other facilities within
or adjacent to the highway right of way necessary to accommodate
the traveling public.

238.    The interest in any land authorized to be acquired and
maintained under this subtitle may be the fee simple, or any lesser
interest, as determined by the State Roads Commission to be neces-
sary to accomplish the purposes of this subtitle. Such acquisition
may be by purchase, gift or condemnation. ANY SUCH PROP-
ERTY ACQUIRED BY CONDEMNATION PROCEEDINGS SHALL
BE SO ACQUIRED UNDER THE PROVISIONS OF ARTICLE
33A AND ARTICLE 89B OF THE ANNOTATED CODE OF
MARYLAND (1957 EDITION, AS AMENDED). IF SUCH PROP-
ERTY IS ACQUIRED BY CONDEMNATION, THE QUESTION
OF NECESSITY IS DEEMED TO BE A MATTER OF LAW AND
SHALL BE DETERMINED BY THE COURT, AND THE COURT
MAY TAKE AND HEAR TESTIMONY ON SUCH QUESTION.
THE QUESTION OF JUST COMPENSATION SHALL BE DE-
TERMINED BY THE COURT, WITH OR WITHOUT A JURY,
AS PROVIDED BY STATUTE AND THE RULES OF COURT.

Sec. 2. And be it further enacted, That this Act is hereby-
declared to be an emergency measure and necessary for the im-
mediate preservation of the public health and safety, and having
been passed by a yea and nay vote supported by three-fifths of the
members elected to each of the two houses of the General Assembly,
the same shall take effect from the date of its passage.

Approved May 6, 1966.

CHAPTER 536
(Senate Bill 258)

AN ACT to repeal and re-enact, with amendments, Section 46 of
Article 66½ of the Annotated Code of Maryland (1957 Edition),