SPIRO T. AGNEW, Governor 1479
ment Volume), title "Eminent Domain," to provide for the quick
taking of property in Anne Arundel County upon tender of the
appraised value of such property, and matters generally related
thereto CONTINGENT UPON THE ADOPTION OF THE PRO-
POSED CONSTITUTION BY THE VOTERS OF THE STATE.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 14 of Article 33A of the Annotated Code of Maryland
(1967 Replacement Volume), title "Eminent Domain," be and it is
hereby repealed and re-enacted, with amendments, to read as follows:
14.
For the purposes of this article, property shall be deemed to have
been taken:
1. In cases in which the plaintiff is lawfully authorized to
take the property before trial pursuant to Section 40A or Section 40B
of Article III of the Constitution of this State, when the payment
required thereunder has been made to the defendant or into court
and any security required thereunder has been given and the plain-
tiff has taken possession of the property and actually and lawfully
appropriated it to the public purposes of the plaintiff.
2. Private property shall not 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 Anne Arundel
County, AND IS NEEDED BY SAID COUNTY FOR HIGHWAY
PURPOSES OR FOR WATER SUPPLY, SEWERAGE OR DRAIN-
AGE SYSTEMS TO BE EXTENDED OR CONSTRUCTED BY
SAID COUNTY, the County Council of said county may provide for
the appointment of an appraiser or appraisers by a Court of Record
to value such property and upon payment of the amount of such
evaluation, TO the party entitled 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. THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY IN ANNE ARUNDEL COUNTY
IF THE PROPERTY ACTUALLY TO BE TAKEN INCLUDES A
BUILDING OR BUILDINGS.
3. [2] In all other cases, upon payment of the judgment and
costs by the plaintiff pursuant to Subtitle U of the Maryland Rules.
SEC. 2. AND BE IT FURTHER ENACTED, THAT THE PRO-
VISIONS OF THIS ACT SHALL TAKE EFFECT ONLY IF THE
VOTERS OF THE STATE ADOPT THE PROPOSED NEW CON-
STITUTION AT THE ELECTION OF MAY 14, 1968.
Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1968.
SEC. 3. AND BE IT FURTHER ENACTED, THAT THIS ACT
SHALL TAKE EFFECT JULY 1, 1968, SUBJECT, HOWEVER,
TO THE PROVISIONS OF SECTION 2.
Approved May 7, 1968.
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