Ch. 470                             MARVIN MANDEL, Governor                                1055

having jurisdiction of the suit, action or proceeding may make such orders as may
be just to the Commission and to the owners of the property to be condemned and
may require an undertaking or other security to secure such owners against any
loss or damage by reason of the failure of the Commission to accept and pay for
the property, but neither such undertaking or security nor any act or obligation of
the Commission shall impose any liability upon the State except as may be paid
from the funds provided under the authority of this subheading.

238.

The interest in any land authorized to be acquired and maintained under this
subtitle may be the fee simple, or any lesser interest, as determined by the State
Roads Commission to be necessary to accomplish the purposes of this subtitle.
Such acquisition may be by purchase, gift or condemnation. Any such property
acquired by condemnation proceedings shall be so acquired under the provisions of
[Article 33A] TITLE 12 OF ARTICLE 21 and Article 89B of [the Annotated]
THIS Code [of Maryland (1957 Edition, as amended)]. If [such] THE property is
acquired by condemnation, the question of necessity is [deemed to be] a matter of
law and shall be determined by the court, and the court may take and hear
testimony on [such] THE question. The question of just compensation shall be
determined by the court, with or without a jury, as provided by statute and the
rules of court.

Article 96.

5.

Whenever the United States are desirous of purchasing or procuring the title to
any tract, piece or parcel of land within the boundaries or limits of this State, for
the purpose of erecting thereon any lighthouse, beacon light, range light,
lightkeeper's dwelling, forts, magazines, arsenals, dockyards, buoys, public piers,
or necessary public buildings or improvements connected therewith, and cannot
agree with the owner thereof as to the price and for the purpose thereof; or if the
owner be feme covert, under age, non compos mentis, or out of the county wherein
the said land lies, or for any other cause is incapable of making a perfect title to
said lands, the United States, by any agent authorized under the hand and seal of
any member of the President's cabinet, may apply by petition in writing to the
circuit court for the county where the land lies to have the said land condemned
for the use and benefit of the United States; and any such agent of the United
States may, for the purpose of ascertaining its bounds and quantity, enter upon the
lands, without injury thereto, which the United States may desire to purchase for
any of the purposes aforesaid. The condemnation proceedings hereunder shall be
conducted in accordance with [Article 33A of the Annotated] TITLE 12 OF
ARTICLE 21 OF THIS Code [of Maryland, title "Eminent Domain."].

49.

(a) (5) Subject to the provisions of [Article 33A of the Annotated] TITLE 12
OF ARTICLE 21 OF THIS Code [of Maryland], purchase or condemn lands,
rights of ways, easements, and any other interests in land necessary for such
improvements, works, and projects and to convey, lease, or otherwise transfer all
or any part of such interests to the United States or any agency thereof;

SECTION 2. AND BE IT FURTHER ENACTED. That this Act shall take
effect July 1, 1973.