(d) If it appears from a Petition for Immediate Possession, with or without
supporting affidavits or sworn testimony, that the public interest requires the City to
have immediate possession of said property, the Court shall, within not more than
seven days after the filing of said Petition, pass an Order, either ex parte or after a
hearing, directing that the City may take possession of said property after the
expiration of thirty days from the filing of said Petition or earlier, in the Court's
discretion. Upon passing such an Order, the Court may direct the City to give such
notice of said Order to the Defendants as the Court may deem proper, but the Court's
requirement of notice shall not extend the time within which the City may take
possession of said property.
(e) After an Order has been passed as aforesaid, directing that the City may
either take possession of the property or take title and possession of the property, the
City shall no longer have the right to abandon said condemnation proceedings except
with the consent of all of the owners of said property.
(0 At any time after the Order [shall have been] IS signed directing that the
City may either take possession or title and possession of the property[,]:
(1) [the] THE property owner or owners may petition the Court who
shall, by order, direct the clerk to pay such sum so paid into Court unto such owner or
owners according to their respective interest, less any public charges, City and State
taxes', other assessments, and any ground rent paid by the City for and on behalf of
the property owner, all adjusted to the date of taking of possession or to the date of
taking title and possession as the case may be[. The]; AND
(2) THE City may upon proper petition and order, withdraw from the
sum so paid into Court, monies in satisfaction of such public charges, City and State
taxes, other assessments, and ground rents so paid by the City, all adjusted as
aforesaid.
(g) Payment into Court by the Mayor and City Council of Baltimore and
receipt of such money by the property owner or owners shall be without prejudice to
either party and shall not be construed to prevent either party from requiring a
subsequent [trail] TRIAL to determine the value of the property. If the amount of the
final award for any property owner, after trial, is more than the amount that was paid
into Court by the City for the interest of such property owner, such property owner
shall be entitled to a judgment against the City for the difference between such
amounts. If the final award for any property owner, after trial, is less than the
amount that was paid into Court by the City for the interest of such property owner,
the City shall be entitled to a judgment against such property owner, for the
difference between such amounts.
[21-17.
None of the provisions of Sections 21-15 to 21-17 shall apply to or in any
manner affect any case or cases now pending in any of the Courts of the State of
Maryland. All such case or cases shall be heard and tried to final judgment or
inquisition under the law or laws in force on June 1, 1948.]
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