HARRY HUGHES, Governor

3073

and qualified appraiser, whose qualifications as an
appraiser have been accepted by a court of record of the
State of Maryland, and provided, further, that the payment
to the property owner(s) or into the court for his, her or
their benefit shall [nowise] IN NO WAY limit the amount
which may finally be awarded in subsequent condemnation
proceedings with respect to the land or interests in land so
taken. No building or buildings may be taken under the
provisions of this section. If the money is paid into the
court for the benefit of the owner or owners of the land or
interests in land involved, the property owner(s) may, upon
written request to the clerk of the court, receive the sum
so paid without prejudice to any of his, her or their
rights, if the property owner(s) agree to pay back to the
commission the difference, if any, between [said] THE sum
and the final award. If the commission and the owner or
owners of the land or interests in land being taken are
unable to agree as to the compensation and damages, if any,
caused by the taking, the commission shall institute
condemnation proceedings in the manner prescribed by the
provisions of Article 33A of the Annotated Code of Public
General Laws and, if the condemnation proceedings are not
instituted at the same time as the commission pays the money
to the owner or owners or to the court for his, [it] ITS or
their benefit, as the case may be, then it shall be the duty
of the commission to institute such proceedings not later
than [thirty (30)] 30 days after receipt of notice from the
property owner(s) that the disagreement exists, and the duty
of the court to hear and determine such proceedings as soon
thereafter as practicable. It is the intention of this
section to provide that land or interests therein may, in
emergencies, in the discretion of the commission, be
condemned after construction of the water supply, sewerage
or drainage system, or part thereof, has been commenced as
well as prior thereto subject however, to the prohibition
against the taking of any building or buildings under the
optional procedure provided for by this section.

(b) The commission's right to enter and take
possession of the land or rights therein which is authorized
by this section, in the circumstances and upon the
conditions herein stated, shall commence immediately upon
the filing of a written declaration of taking in the circuit
court for Prince George's County, accompanied by the
aforementioned estimated payment; provided, however, that in
such cases the declaration of taking may be combined with a
petition for condemnation, either filed simultaneously with
or as part of the same pleading, or filed subsequent to a
petition for condemnation, and the commission's right to
enter and take possession of the land or interest therein
involved shall be effective upon the filing of such pleading
if accompanied by the estimated payment herein provided for.
The declaration of taking, whether filed individually or as
a part of a petition for condemnation, shall include the
commission's statement as to the number of takings of land
or interests in land necessary to it for the construction of
the water supply, sewerage or drainage project and that it