Marvin Mandel, Governor                        1889

Letter from State Law Department Supporting Veto of Senate Bill

No. 481

May 12,1971.

The Honorable Marvin Mandel
Governor of Maryland
State House
Annapolis, Maryland 21404

Re: House Bill 772
Dear Governor Mandel:

At your request we have reviewed House Bill 772 which amends
Section 2(24) of Article 23A of the Annotated Code of Maryland with
regard to the content of jury instructions in certain cases involving
condemnation of water supply and sewerage systems.

By amendments to the section above cited, it is provided that
where a municipality has the legislative power to purchase or condemn
privately owned water supply and sewerage systems within that
municipality, the inquisition jury shall be entitled to take into con-
sideration as part of the compensation to the owner (and presumably
discount therefrom) any contribution or tax paid by private lot owners
toward the construction of said systems. While we are unable to state
that this aspect of the bill is unconstitutional, this conclusion is
reached by reason of the presumption of constitutionality which we
accord bills enacted by the General Assembly and not because the issue
is entirely free from doubt.

On the other hand, we are unable to come to the same conclusion
of constitutionality with regard to the second aspect of this bill which
provides that where any such privately owned water supply and sewer-
age system has been built in connection with, and for the purpose of,
developing home sites by private persons, the inquisition jury is en-
titled to take from the value of the system such sum or sums as it may
reasonably determine was added to the purchase price of lots, the sale
of which was in part induced by the development of such systems. In
our judgment, this aspect of the bill would deprive the owner of such
systems of compensation commensurate with the fair market value of
such property in contravention of Article III, Section 40 of the Mary-
land Constitution.

We would be glad to respond to any further questions that you
may have with regard to this bill.

Very truly yours,

/s/ Francis B. Burch,

Attorney General.

Senate Bill No. 521—Smoke Emissions from Motor Vehicles

AN ACT to repeal Section 12.402 (c) of Article 66˝ of the Anno-
tated Code of Maryland (1970 Replacement Volume), title "Vehicle
Laws," subtitle "Equipment of Vehicles," subheading "Part IV. Other
Equipment," and to add new Section 12.402.2 to said Article to follow