Ch. 470                             MARVIN MANDEL, Governor                                1043

REFUSES the necessary access to his lands, [then and in such case] the board of
managers may condemn a right-of-way, and the procedure shall be as provided for
in [Article 33A of the Annotated] TITLE 12 OF ARTICLE 21 OF THIS Code
[of Maryland title "Eminent Domain," and any amendments thereto,] and [such]
THE damages [as may be] awarded as compensation shall be paid by the board of
managers in lieu of the damages awarded by the drainage viewers.

114.

If it [shall be] IS necessary to acquire a right-of-way or an outlet over and
through lands not affected by the drainage, and [the same] IT cannot be acquired
by purchase, [then and in such event] the power of eminent domain is [hereby]
conferred, and [the same] THE RIGHT-OF-WAY may be condemned, [and the]
THE procedure shall be as provided for in [Article 33A of the Annotated] TITLE
12 OF ARTICLE 21 OF THIS Code, [of Maryland, title "Eminent Domain."]
[Such] THE damages [as may be] awarded as compensation shall be paid by the
board of drainage commissioners out of the first funds [which shall be] available
from the proceeds of sale of bonds or otherwise.

138.

Whenever the county commissioners [shall] decide that it is expedient that a
road be opened as provided in § 137 of this article they may contract with the
[owners] OWNER of the land through which the [said] road is intended to run
for the right-of-way over the land necessary for [said] THE road, if [he, she or
they be] THE OWNER IS competent to contract; and in case the [said] county
commissioners shall so contract they shall cause a plat of the said road to be made
by a competent surveyor and filed and recorded in the office of the clerk of the
circuit court for the county in which the deed or deeds conveying the [said] lands
are required to be recorded, which [said] plat shall be referred to in, and shall be
a part of [said] THE deed or deeds, and the lands so conveyed shall be and
become thenceforth the property of the county, in the same manner and to the
same extent as other county roads, and no further, subject to the public
rights-of-way over the same; and it shall be lawful for the [said] county
commissioners of any county so to contract for land for a public wharf, drains for
county roads or other public use or uses, which [said] land shall be the property of
[said] THE county, subject to said use or uses; and whenever the county
commissioners shall deem it expedient that examiners should be appointed to view
the grounds for the purpose of opening, altering or closing a road, they shall
appoint three persons as examiners, who shall be freeholders in the county, and not
interested in or holding lands through which the road is proposed to be opened,
altered or closed; but the appointment of examiners shall not prevent the [said]
county commissioners at any time thereafter from contracting with the owner [or
owners], as above provided; and the county commissioners of any county are
authorized, when the county roads cannot be conveniently drained by drains along
the said county roads, to make [the samel DRAINS upon the property outside
the limits [thereof] OF THE ROADS; and they shall contract for the lands that
may be required for that purpose, as above provided, or they may proceed to
condemn the lands that may be necessary for the purpose under the provisions of
[Article 33A of the Annotated] TITLE 12 OF ARTICLE 21 OF THIS Code [of
Maryland, title "Eminent Domain."].

139.

Whenever for the purpose of building a new road, improving or widening any
existing roads and drainage thereof, it shall become necessary to condemn any land
or any interest in, under or over the same, it shall be lawful for the county
commissioners of Washington County, Garrett County and of Allegany County to