66 LAWS OF MARYLAND [CH. 53
hereinafter defined, and it finds and determines that the remaining
number of takings of land or interests therein is needed for said
extension or construction project, and the land is located in Prince
George's County, the Commission is hereby authorized to enter
upon and take possession of such land or interests in land in the
aforegoing latter mentioned category and proceed with the con-
struction of said water supply, sanitary sewerage or drainage proj-
ect, provided the Commission shall first pay to the owner or owners
of the land or interests in land involved, or into the Circuit Court
for Prince George's County for his, her or their benefit, such sum
as the Commission shall estimate to be the fair value of the property
being acquired by it, which estimate, however, may not be less than
the appraised value of the land or interest therein being taken as
evaluated by at least one experienced and qualified appraiser, whose
qualifications as an appraiser have been accepted by a Court of
Record of the State of Maryland, and provided, further, that the
payment to the property owner(s) or into the Court for his, her or
their benefit shall nowise limit the amount which may finally be
awarded in subsequent condemnation proceedings with respect to
the land or interests in land so taken. No building or buildings
may be taken under the provisions of this section. If the money is
paid into the Court for the benefit of the owner or owners of the
land or interests in land involved, the property owner(s) may, upon
written request to the Clerk of the Court receive the sum so paid
without prejudice to any of his, her or their rights, if the property
owner(s) agree to pay back to the Commission the difference, if
any, between said sum and the final award. If the Commission
and the Owner or owners of the land or interests in land being
taken are unable to agree as to the compensation and damages, if
any, caused by the taking, the Commission shall institute condemna-
tion proceedings in the manner prescribed by the provisions of
Article 33A of the Annotated Code of Public General Laws and,
if the condemnation proceedings are not instituted at the same time
as the Commission pays the money to the owner or owners or to
the Court for his, it or their benefit, as the case may be, then it
shall be the duty of the Commission to institute such proceedings
within NOT LATER THAN thirty (30) days after receipt of notice
from the property owner(s) that the disagreement exists, and the
duty of the Court to hear and determine such proceedings as soon
thereafter as practicable. It is the intention of this section to pro-
vide that land or interests therein may, in emergencies, in the dis-
cretion of the Commission, be condemned after construction of the
water supply, sewerage or drainage system, or part thereof, has been
commenced as well as prior thereto subject, however, to the pro-
hibition against the taking of any building or buildings under the
optional procedure provided for by this section.
(b) The Commission's right to enter and take possession of the
land or rights therein which is authorized by this section, in the
circumstances and upon the conditions herein stated, shall commence
immediately upon the filing of a written declaration of taking in
the Circuit Court for Prince George's County, accompanied by the
aforementioned estimated payment; provided, however, that in such
cases the declaration of taking may be combined with a petition
for condemnation, either filed simultaneously with or as part of the
same pleading, or filed subsequent to a petition for condemnation,
and the Commission's right to enter and take possession of the
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