1356

LAWS OF MARYLAND

Ch. 345

ADMINISTRATION, but shall have the right to divert, alter, close
or destroy any State road or bridge under the jurisdiction of the
State [Roads Commission,] HIGHWAY ADMINISTRATION when necessary
in the course of such work, only by agreement with the State
[Roads Commission,] HIGHWAY ADMINISTRATION, on such terms as [to]
replacing the [same] ROAD OR BRIDGE for the convenience of the
public as may [by said] BE REQUIRED BY THE State [Roads
Commission be required] HIGHWAY ADMINISTRATION. In the event
that [said] BALTIMORE City and the State [Roads Commission]
HIGHWAY ADMINISTRATION may not be able to agree upon the terms
under which [said] THE State road or bridge is to be altered,
diverted, closed or destroyed, or upon the location or character
of the State road or bridge to replace the same, or upon any
other terms [as to the replacing] CONCERNING REPLACEMENT of the
[same,] ROAD OR BRIDGE, the matter shall be referred to the Chief
Engineer of the State [Roads Commission for the time being,]
HIGHWAY ADMINISTRATION and the Director of Public Works of
Baltimore City, for the time being, who shall have [plenary]
COMPLETE power IN EVERY RESPECT to consider and decide all
questions in connection with such diversion, alteration, closure
or destruction of such State road or bridge, and to determine
where, how and in what manner, and within what time, the [same]
ROAD OR BRIDGE shall be replaced by [said] BALTIMORE City. No
State road or bridge shall be closed or altered in whole or in
part under the provisions of this subheading until another [shall
have been] IS constructed and opened to the public in lieu
thereof as herein provided, and [said] THESE Engineers shall have
full power and authority to summon, and require the attendance
of, all witnesses in connection with their inquiries under this
section, and to require that their testimony shall be taken under
oath, as required by law. The decision of [said] THESE Engineers
in all matters between [the] BALTIMORE City and the State [Roads
Commission] HIGHWAY ADMINISTRATION which may [devolve] PASS BY
TRANSFER OR SUCCESSION upon them under this section shall be
final and conclusive unless impeached for fraud in appropriate
proceedings instituted in the Circuit Court [of] FOR Baltimore
City, to set aside their findings on such ground. Whenever
[said] THESE Engineers may require and determine that the Mayor
and City Council of Baltimore shall construct a road to replace
any State road diverted, altered, closed or destroyed, or to be
diverted, altered, closed or destroyed in the course of the work
contemplated by this subheading, [said] BALTIMORE City shall have
THE power to agree with the owners of land, property or things to
be taken or injuriously affected in the construction thereof,
and, in default of agreement, to condemn the right of way under
the provisions of this subheading, authorizing the condemnation
of property, land or things for the purposes of this subheading,
or may, at its election, make application to the State [Roads
Commission] HIGHWAY ADMINISTRATION for the opening or alteration
of such State road, in which latter event the proceedings shall
be those prescribed by law for the opening or alteration of State
roads, except that no land owner shall be assessed for any part
of the cost thereof, the whole of such cost to be [borne] PAID by
the Mayor and City Council of Baltimore. In the event of
disagreement between the said Engineers as to any matter