MARVIN MANDEL, Governor                             2343

or condemnation. Any such property acquired by
condemnation proceedings shall be so acquired under the
provisions of Title 12 of THE REAL PROPERTY Article [21]
and Article 89B of [this] THE Code. If the property is
acquired by condemnation, the question of necessity is a
matter of law and shall be determined by the court, and
the court may take and hear testimony on 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.

SECTION 12. AND BE IT FURTHER ENACTED, That
Sections 5 and 49(a) of Article 96 — United States, of
the Annotated Code of Maryland (1964 Replacement Volume
and 1973 Supplement) be and they are hereby repealed and
re—enacted, with amendments, to read as follows:

Article 96 — United States
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 Presidents 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 here under shall be conducted in accordance
with Title 12 of THE REAL PROPERTY Article [21] of [this]
THE Code.

49.

(a) Any county or municipality of the State of
Maryland, in addition to the powers which it may now
have, shall have the power and is hereby authorized to:

(1) Aid, assist, participate and cooperate with the
United States or any agency thereof in constructing,