1806                                         LAWS OF MARYLAND [Ch. 511

of motorists to use U.S. Route 40 between Hancock and
the Pennsylvania line and in order to promote and enhance
the economic welfare of the westernmost counties of
Maryland the State Roads Commission is authorized to
acquire by purchase, gift or condemnation real property
or any interest in such property adjacent to or near U.S.
Route 40 between Hancock in Washington County and the
Pennsylvania line in Garrett County for the purpose of
providing areas suitable for roadside parks and
recreational areas, provided that such authorization
shall be limited to ten roadside parks and recreational
areas each not to exceed an area of twenty acres, and
provided further that no such area shall be acquired by
the State Roads Commission until written approval is
received from the Department of Natural Resources to the
effect that the land is appropriate for and will be
developed by said Department as a park or recreational
area.

The State Roads Commission may not acquire such
property other than by purchase or gift unless the
Commission [,] determines that the property is necessary
in its judgment for such roadside parks or recreational
areas, the acquisition by condemnation to be in
accordance with the provisions of Title 12 of Article 21
of this Code.

9.

Only after every reasonable and bona fide effort to
negotiate and upon the filing of a petition for
condemnation in the circuit court of the county in which
the property is located, or the Superior Court of
Baltimore City if the property is located in Baltimore
City, may the State Roads Commission be 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.