1052                                      LAWS OF MARYLAND                                Ch. 470

The State Roads Commission [shall not have the right to] MAY NOT acquire
such property other than by purchase or gift unless the Commission, [by
appropriate resolution, shall determine] DETERMINES that [such] THE
property is necessary in its judgment for such roadside parks or recreational areas,
[such] THE acquisition by condemnation to be in accordance with the provisions
of [Article 33A of the Annotated] TITLE 12 OF ARTICLE 21 OF THIS Code
[of Public General Laws].

9.

Upon the adoption by the legal and qualified voters of this State of the
amendment to Article HI of the Constitution of this State, in addition to the
power and authority provided by § 7 of this article, the State Roads Commission
is hereby authorized to enter upon and take possession of such property and
rights-of-way as the State Roads Commission may deem necessary, and proceed
with the highway construction, provided the said State Roads Commission shall
first pay to the owner or owners thereof or into court, for his, her or their benefit,
such sum as the said State Roads Commission shall estimate to be the fair value
of the land and improvements taken and damage done, if any; provided, however,
if said sum is so paid into court, the property owner, upon written request to the
clerk of said court, shall be entitled to receive said sum without prejudice to any of
these rights if said property owner agrees to pay back to the State Roads
Commission the difference between said sum and the final award, if such final
award be less than the sum paid into court; such payment, however, shall in no
wise limit the amount to be allowed under subsequent condemnation proceedings,
and the State Roads Commission shall pay to the owner or owners of such
property and rights of way from any funds, in its possession or under its control,
any further sum that may subsequently be finally awarded in a subsequent
condemnation proceedings. Within sixty (60) days after the completion of the
construction of such highway, if the State Roads Commission and the owner or
owners of such land are unable to agree as to compensation and damages, if any,
caused thereby, the said State Roads Commission shall institute condemnation
proceedings in the manner prescribed by the provisions of [Article 33A of the
Annotated] TITLE 12 OF ARTICLE 21 OF THIS Code [of Public General
Laws]; provided, however, the owner or owners at any time subsequent to the
payment of such sum into court request, in writing to the State Roads
Commission, that such condemnation proceedings be instituted and in such case it
shall be the duty of the State Roads Commission within thirty days after receipt of
such notice to institute such proceedings 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 provide that such property and rights-of-way, in an emergency, in
the discretion of the Commission, be condemned after construction of the highway
has been commenced as well as prior thereto, although so far as possible all
rights-of-way shall be acquired or contracted for before any route is definitely
located. This section to apply only to acquisition of property by the State Roads
Commission.

10.

In cases where the State Roads Commission decides to construct a new highway
or decides to make a major improvement to an existing highway, the Commission
shall adhere to the hereinafter described procedure for acquiring, by condemnation,
land and property rights for such highway construction or improvement. Insofar as
practicable, the Commission shall use such condemnation procedure in acquiring
rights-of-way and property rights for major highway construction or
reconstruction, but in cases where the Commission deems the procedure
inappropriate, it shall not be precluded from acquiring property under the
provisions of the appropriate sections of this article and [Article 33A of the