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Session Laws, 1972
Volume 708, Page 1315   View pdf image
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Marvin Mandel, Governor                       1315

tion, being Article 4 of the Code of Public Local Laws of Mary-
land), title "Baltimore City," subtitle "Streets, Bridges and
Highways," subheading "Opening and Maintaining Streets," pro-
viding for the procedure to be followed by the Mayor and City
Council of Baltimore in connection with obtaining immediate
possession and/or title of property under its powers of eminent
domain, and vesting certain rights in and imposing certain duties
upon the parties to such a condemnation proceeding, and relating
generally to said municipality obtaining immediate possession
and/or title of property in connection with its powers of con-
demnation; providing for the payment into court by the City of
an amount equal to the fair value of such property and for the
withdrawal of such amount less certain charges, taxes, assess-
ments, etc. by the condemnee and for the withdrawal of certain
charges, taxes, assessments, etc. by the City.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 21-16 of the Code of Local Public Laws of Baltimore
City (1969 Edition, being Article 4 of the Code of Public Local Laws
of Maryland), title "Baltimore City," subtitle "Streets, Bridges and
Highways," subheading "Opening and Maintaining Streets," be and
the same is hereby repealed and re-enacted, with amendments, to
read as follows:

21-16.

(a) Whenever any proceedings are instituted under Article 33A
of the Code of Public General Laws of the State of Maryland by
the Mayor and City Council of Baltimore for the acquisition of any
property for any public purpose whatsoever, the Mayor and City
Council of Baltimore, simultaneously with the filing of said pro-
ceedings or at any time thereafter, may file a Petition under oath
stating that it is necessary for the City to have immediate posses-
sion of or immediate title to, and possession of said property, and
the reasons thereforer [, and that the necessity for immediate
taking is not because of any substantial fault or neglect of the City.]
The City shall also set forth in said Petition for Immediate Taking of
possession or immediate taking of title
[and possession] the amount
it estimates to be the fair value of the said property AND/OR
TITLE to be acquired, and of the respective interests of each of the
owners thereof if more than one, which shall be substantiated by
the Affidavits of two qualified appraisers, attached to said Petition.
The City shall deposit into Court simultaneously with the filing of
said Petition the amount of said estimate of the fair value of the
property to be acquired.

(a) (B) Upon the filing of any such Petition for Immediate Taking
of possession, the Court may direct the City to give such notice to
the Defendants as the Court may deem proper. The Court may set
the matter for hearing on the Petition, but any such hearing shall
be held within seven days from the date of the filing of such Peti-
tion; otherwise, the Court shall act on said Petition exparte within
said seven day period.

(c) In cases where the City files a Petition for immediate taking
of title and possession to the said property in fee simple absolute
or such lesser estate or interest as is specified in the Petition, posses-
sion and title thereto shall irrevocably vest in the Mayor and City


 

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Session Laws, 1972
Volume 708, Page 1315   View pdf image
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