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Session Laws, 1988
Volume 770, Page 4547   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 674

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 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. WHEN THE LAND IS SITUATED IN
ANNE ARUNDEL COUNTY, THE LAND MAY BE TAKEN IF THE ANNE ARUNDEL
COUNTY COUNCIL DETERMINES BY RESOLUTION ADOPTED AFTER REASONABLE
NOTICE AND A PUBLIC HEARING, THAT THERE IS AN IMMEDIATE NEED FOR
THE PROPERTY FOR RIGHT OF WAY FOR MUNICIPAL ROADS OR STREETS, OR
WATER, SEWER OR STORM DRAIN FACILITIES, AND PROVIDES FOR THE
APPOINTMENT OF AN APPRAISER OR APPRAISERS BY A COURT OF RECORD TO
VALUE THE PROPERTY, AND MAKES PAYMENT OF THE AMOUNT OF THE
EVALUATION TO THE PARTY ENTITLED TO COMPENSATION, OR INTO COURT,
AND PROVIDED THAT THE COUNTY COUNCIL SHALL SECURE THE PAYMENT OF
ANY FURTHER SUM THAT MAY 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 OR ANNE
ARUNDEL 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

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Session Laws, 1988
Volume 770, Page 4547   View pdf image
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