SPIRO T. AGNEW, Governor                        1079

to provide a procedure for the immediate taxing TAKING of pri-
vate property for public use in Anne Arundel County, providing
for the submission of this amendment to the qualified voters of the
State of Maryland for their adoption or rejection, and providing
for a contingency by which this amendment may be void and of
no further effect.

Section 1. Be it enacted by the General Assembly of Maryland,
(Three-fifths of all the members of each of the two houses con-
curring), That the following amendment be and the same is hereby
proposed to Section 40A of Article III of the Constitution of Mary-
land, title "Legislative Department," the same if adopted by the
legal and qualified voters of the State, as herewith provided, to
become a part of the Constitution of Maryland, and to read as
follows:

40A.

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,
but where such property is situated in Baltimore City and is de-
sired by this State or by the Mayor and City Council of Baltimore,
the General Assembly may provide that such property may be taken
immediately upon payment therefor to the owner or owners thereof
by the State or by the Mayor and City Council of Baltimore, or
into court, such amount as the State or the Mayor and City Council
of Baltimore, as the case may be, shall estimate to be the fair
value of said property, provided such legislation also requires the
payment of any further sum that may subsequently be added by a
jury; and further provided that the authority and procedure for
the immediate taking of property as it applies to the Mayor and
City Council of Baltimore on June 1, 1961, shall remain in force
and effect to and including June 1, 1963 [,]; and where such prop-
erty is situated in Anne Arundel County or in Baltimore County
and is desired by Anne Arundel or Baltimore County, Maryland,
respectively, the County Council of [Baltimore County, Maryland,]
said county may provide for the appointment of an appraiser or
appraisers by a Court of Record to value such property and that
upon payment of the amount of such evaluation, to the party" en-
titled to compensation, or into Court, and securing the payment of
any further sum that may be awarded by a jury, such property
may be taken; and where such property is situated in Montgomery
County and in the judgment of and upon a finding by the County
Council of said County that there is immediate need therefor for
right of way for County roads or streets, the County Council may
provide that such property may be taken immediately upon pay-
ment therefor to the owner or owners thereof, or into court, such
amount as a licensed real estate broker appointed by the County
Council shall estimate to be the fair market value of such property,
provided that the Council shall secure the payment of any further
sum that may subsequently be awarded by a jury. This Section 40A
shall not apply in Montgomery County if the property actually
to be taken includes a building or buildings. The amendment to this
section, if adopted by the voters in the year 1968, at the time it
becomes effective, is void and of no further effect if the voters of