HARRY HUGHES, Governor

2213

Court, and securing the payment of any further sum that may
be awarded by a jury, such property may be taken; AMD WHERE
THE PROPERTY IS SITUATED IN WICOMICO COUNTY AND IN THE
JUDGMENT OF AND UPON A FINDING BY THE WICOMICO COUNTY
COUNCIL THAT THERE IS AN IMMEDIATE NEED TO ACQUIRE PROPERTY
FOR PUBLIC USE, THE WICOMICO COUNTY COUNCIL MAY PROVIDE THAT
THE PROPERTY MAY BE TAKEN IMMEDIATELY UPON PAYMENT TO THE
OWNER OR OWNERS THEREOF, OR INTO COURT, OF ANY AMOUNT THAT A
LICENSED REAL ESTATE BROKER APPOINTED BY THE WICOMICO COUNTY
COUNCIL ESTIMATES TO BE THE FAIR MARKET VALUE OF THE
PROPERTY, IF THE WICOMICO COUNTY COUNCIL SECURES THE PAYMENT
OF ANY FURTHER SUM THAT MAY SUBSEQUENTLY BE AWARDED BY A
JURY; and where such property is situated in Montgomery
County and in the judgment of 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. In the various
municipal corporations within Cecil County, where in the
judgment of and upon a finding by the governing body of said
municipal corporation that there is immediate need therefor
for right of way for municipal roads, streets and extension
of municipal water and sewage facilities, the governing body
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 particular governing body shall estimate to
be a fair market value of such property, provided that the
municipal corporation shall secure the payment of any
further sum that subsequently may be awarded by a jury.
This Section 40A shall not apply in Montgomery County,
WICOMICO COUNTY, or any of the various municipal
corporations within Cecil County, if the property actually
to be taken includes a building or buildings.

SECTION 2. AND BE IT FURTHER ENACTED, That the General
Assembly determines that the amendment to the Constitution
of Maryland proposed by this Act affects only one county and
that the provisions of Article XIV, Section 1 of the
Constitution concerning local approval of constitutional
amendments apply.

SECTION 3. AND BE IT FURTHER ENACTED, That the
aforegoing section proposed as an amendment to the
Constitution of Maryland shall be submitted to the legal and
qualified voters of this State at the next general election
to be held in November, 1980 for their adoption or rejection
in pursuance of directions contained in Article XIV of the
Constitution of this State. At that general election, the
vote on this proposed amendment to the Constitution shall be