ART. 33A]

EMINENT DOMAIN.

595

ARTICLE XXXIII A.

EMINENT DOMAIN.

1. Petition, where and against whom filed and what to contain; un- known owners. 2. Summons for defendants ; renewal ; publication. 3. Answer of defendants ; default ; disability. 4. Amendments ; demurrers, etc. 5-7. Trial, when had; jury, how select- ed; view of premises, regulation of. 8. Trial, evidence, instructions, etc. ; exceptions; bills of exceptions. 9. Interested persons not parties may intervene, when and how. 10. Verdict may be excepted to; mo- tion for new trial and in arrest ; new trial; judgment, how en- tered.

11. Appeal, bill of exceptions and rec- ord, when to be filed. 12. Payment of compensation after judgment; how and when title may be had. 13. Appeals, when heard; defendants' counsel fee, when taxed against petitioner. 14. This article applicable to all con- demnation proceedings save street or highway cases. 15. Costs, who to pay. 16. How possession may be had pend- ing appeal; bond; final judg- ment. 17. Invalidity of section 16 not to af- fect remainder of law.

1912, ch. 117. 1914, ch. 463, secs. 1 & 2.

1. The proceedings for the acquisition of private property for
public use shall be as follows:

The proceedings shall be begun by the filing of a petition in the
Circuit Court for the County in which the property sought to be con-

demned is situated, on the law side thereof, or in one of the law courts

of Baltimore City, if such property is situated in Baltimore City, by
the State, Municipal, or other corporation, commission, board, body

or person seeking to have the property condemned, and against the

owner or owners thereof, and the husbands and wives of married

owners.

In case any owner or owners is or are not known, he or they may be

described in such petition as the unknown owner or owners, or the
unknown heir or heirs of a deceased owner. The petition shall set
forth a description of the property sought to be acquired, sufficient for
identification, a statement of the purpose for which same is sought to
be condemned, and that the petitioner is unable to agree with the owner

or owners thereof, or that one or more of said owners is or are under
some legal disability to contract, unknown or non-resident, according

See article 3, sections 40 and 40A of the Md. Constitution.