2326                                          LAMS OF MARYLAND                      [Ch. 687

or of disability of the owners to contract, or of their
absence from the State, the corporation Bay obtain the
lands, or property of any kind, or interest therein,
earth and stone by condemnation. The corporation may
proceed to condemn under the provisions of Title 12 of
THE REAL PROPERTY Article [21] of [this] THE Code.

193.

The president and directors, or their agent or
agents, authorized by them, may agree with the owner or
owners of any land, earth, gravel, stone, timber, streams
or materials, or any improvements which may be wanted for
the proper construction or repair of any of the roads, or
any of their works, for the purchase and use and
occupation or diversion of the same; and if they cannot
agree, or if the owner or owners of any of them be an
infant, non compos mentis, or out of the county where the
property wanted may lie, when the property may be wanted,
or for any other cause be legally incapable of
contracting, the company may proceed to condemn under the
provisions of Title 12 of THE REAL PROPERTY Article [21]
of [this] THE Code.

196.

Whenever any railroad company finds it necessary for
the purpose of avoiding annoyance to public travel, or
dangerous, or difficult curves or grades, or unsafe, or
unsubstantial grounds or foundations, or for other
reasonable causes, to change the location or grade of any
portion of its road the railroad company may sake the
changes of grade and location, not departing from the
general route prescribed in the certificate of the
company; and for the purpose of making such a change in
the location and grades of any road the company has all
the rights, powers and privileges to enter upon, and
take, and appropriate the lands, and sake surveys
necessary to effect the changes and grades as provided
for in Title 12 of THE REAL PROPERTY Article [21] of
[this] THE Code and is also liable in damages, when any
have been caused by the change, to the owner or owners of
the lands upon which the road was heretofore constructed
to be ascertained and paid, or deposited as aforesaid;
but no damages may be allowed unless claimed within
thirty days after actual notice of the intended change
has been given to the owner or owners, if residing on the
premises, or sixty days' notice by publication in some
newspaper in general circulation in the county, if
nonresident; provided, that when any condemnation has
been made under this section, the condemnation is finally
binding upon the company, unless within thirty days it
elects to abandon the location.