574 LAWS OF MARYLAND [CH. 246
concurring), That the following new Section 40D be and it is hereby
proposed as an amendment to Article III of the Constitution of
Maryland, title "Legislative Department," to follow immediately
after Section 40C thereof; if adopted by the legal and qualified
voters of the State as herein provided, to become a part of the
Constitution of Maryland.
40D.
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,
is in the judgment of the Board of County Commissioners of Prince
George's County needed for the construction or extension of county
roads and streets. The General Assembly may provide that such
property, except a building occupied as a dwelling, may be taken
immediately upon payment therefor by the condemning authority
to the owner or owners thereof or into the Court to the use of the
person or persons entitled thereto., such amount as the condemning
authority shall estimate to be the fair value of said property, pro-
vided such legislation requires that the condemning authority's esti-
mate be not less than the appraised value of the property being
taken as evaluated by at least one qualified appraiser, whose quali-
fications have been accepted by a Court of Record of this State, and
also requires the payment of any further sum that may subsequently
be awarded by a jury. 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 the State prior thereto have adopted a revision
of the Constitution of Maryland proposed by a Constitutional Con-
vention.
Sec. 2. And be it further enacted, That the aforegoing section
hereby proposed as an amendment to the Constitution of this State
shall, at the next general election, to be held in this State in the
year 1968, be submitted to the legal and qualified voters thereof for
their adoption or rejection in pursuance of directions contained in
Article 14 of the Constitution of this State, and at the said general
election, the vote on the said proposed amendment shall be by ballot,
and upon each ballot there shall be printed the words "For Con-
stitutional Amendment" and "Against Constitutional Amendment,"
as now prescribed by law, and immediately after said election, due
returns shall be made to the Governor of the vote for and against
said proposed amendment, as directed by said Article 14 of the
Constitution, and further proceedings had in accordance with said
Article 14.
Approved April 14, 1967.
CHAPTER 246
(House Bill 424)
AN ACT to repeal and re-enact, with amendments, Section 145 (d)
of the Code of Public Local Laws of St. Mary's County (1965
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