MARVIN MANDEL, Governor

1657

the compensation to be paid shall be ascertained and
paid, in the manner provided by or referred to in ARTICLE
89B, § 8 or § 64 or § 9 of (this article] THE ANNOTATED
CODE OF MARYLAND (1957 EDITION, AS AMENDED) or in Title
12 of the Real Property Article of the Code, or in any of
said sections or amendments thereto, or by the
Constitution or any other law or laws of the State of
Maryland then applicable which relate to condemnation or
to the exercise of the power of eminent domain. Title to
any property acquired by the Commission shall be taken in
the name of the State. In any condemnation proceeding
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)     Obtaining possession of property to be
condemned.— 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)     Condemnation of 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 such railroad property so that neither the
Expressway 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
used by the railroad for railroad purposes nor endanger
the movement of the trains or traffic upon the tracks of
the railroad. Prior to the institution of condemnation
proceedings for such easement over or under such railroad
property or right—of—way, plans and specifications of the
Expressway showing compliance with the above mentioned
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 sixty 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