MARVIN MANDEL, Governor

1641

Columbia or the City of Washington, such powers of
eminent domain and such franchises as may be conferred
upon this State or the Commission by any act of the
Congress of the United States or any act of the
legislature of any adjoining state now in force or which
may hereafter be enacted or which may be granted or
assigned to the State or the Commission. Title to any
property acquired by the Commission shall be taken in the
name of the State. In any condemnation proceedings the
court 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.

(c)   Same—Failure to give up possession.— If the
owner, lessee or occupier of any property to be condemned
shall refuse to remove his personal property therefrom or
give up possession thereof, the Commission may proceed to
obtain possession in any manner now or hereafter provided
by law.

(d)    Same—Railroad property or right-of—way.—
With respect to any railroad property or right—of—way
upon which railroad tracks are located, any powers of
condemnation or of eminent domain may be exercised to
acquire only an easement interest therein which shall be
located either sufficiently far above or sufficiently far
below the grade of any railroad track or tracks upon
which such railroad property IS LOCATED so that neither
the proposed project nor any part thereof, including any
bridges, abutments, columns, supporting structures and
appurtenances, nor any traffic upon it shall interfere in
any manner with the use, operation or maintenance of the
trains, tracks, works or appurtenances or other property
of the railroad nor endanger the movement of the trains
or traffic upon the tracks of the railroad. Prior to
the institution of condemnation proceedings for each
easement over or under such railroad property or
right—of—way, plans and specifications of the proposed
project showing compliance with the above or below grade
requirements and showing sufficient and safe plans and
specifications of such overhead or undergrade structure
and appurtenances shall be submitted to the railroad for
examination and approval. If the railroad fails or
refuses within thirty days to approve the plans and
specifications so submitted, the matter shall be
submitted to the Public Service Commission of Maryland
whose decision, arrived at after due consideration in
accordance with its usual procedure, shall be final as to
the sufficiency and safety of such plans and
specifications and as to such elevations or distances
above or below the tracks. Said overhead or undergrade
structure and appurtenances shall be constructed only in