2814

LAWS OF MARYLAND

Ch. 972

BY proposing an amendment to the Constitution of Maryland

Article III - Legislative Department
Section 40A

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each
of the two Houses concurring), That it be proposed that
section(s) of the Constitution of Maryland be repealed,
amended, or added to read as follows:

Article III - Legislative Department

40A.

The General Assembly shall enact no law authorizing
private property to be taken for public use without just
compensation, to be agreed upon between the parties, or
awarded by a jury, being first paid or tendered to the party
entitled to such compensation, but where such property is
situated in Baltimore City and is desired by this State or
by the Mayor and City Council of Baltimore, the General
Assembly may provide that such property may be taken
immediately upon payment therefor to the owner or owners
thereof by the State or by the Mayor and City Council of
Baltimore, or into court, such amount as the State or the
Mayor and City Council of Baltimore, as the case may be,
shall estimate to be the fair value of said property,
provided such legislation also requires the payment of any
further sum that may subsequently be added by a jury; and
further provided that the authority and procedure for the
immediate taking of property as it applies to the Mayor and
City Council of Baltimore on June 1, 1961, shall remain in
force and effect to and including June 1, 1963, and where
such property is situated in Baltimore County and is desired
by Baltimore County, Maryland, the County Council of
Baltimore County, Maryland, may provide for the appointment
of an appraiser or appraisers by a Court of Record to value
such property and that upon payment of the amount of such
evaluation, to the party entitled to compensation, or into
Court, and securing the payment of any further sum that may
be awarded by a jury, such property may be taken; and where
such property is situated in Montgomery County and in the
judgment of and upon and upon a finding by the County
Council of said County that there is immediate need therefor
for right of way for County roads or streets, the County
Council may provide that such property may be taken
immediately upon payment therefor to the owner or owners
thereof, or into court, such amount as a licensed real
estate broker appointed by the County Council shall estimate
to be the fair market value of such property, provided that
the Council shall secure the payment of any further sum that
may subsequently be awarded by a jury; AND WHERE SUCH
PROPERTY IS SITUATED IN ANNE ARUNDEL COUNTY, THE PROPERTY
MAY BE TAKEN IF THE ANNE ARUNDEL COUNTY COUNCIL FINDS THAT A

MAJORITY OF AFFECTED PROPERTY OWNERS HAVE CONSENTED TO THE

TAKING, AND DETERMINES BY RESOLUTION THAT THERE IS AN