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Amendments to Maryland Constitutions
Volume 380, Page 403   View pdf image (33K)
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CHAPTER 329
(Senate Bill 334)
AN ACT to propose an amendment to Section 40A of Article III of
the Constitution of the State of Maryland, title "Legislative De-
partment", changing the procedure for the immediate taking of
property under certain circumstances in Baltimore City , AND
PROVIDING FOR THE CONTINUATION OF THE PRESENT
PROCEDURE FOR TAKING OF PROPERTY FOR A CERTAIN
PERIOD, and providing for the submission of the amendment to
the qualified voters of the State of Maryland for adoption or
rejection.
SECTION 1. Be it enacted by the General Assembly of Maryland,
(three-fifths of all the members of each of the two houses concurr-
ing) , That the following amendment be and the same is hereby pro-
posed to Section 40A of Article III of the Constitution of the State
of Maryland, the same, if adopted by the legal and qualified voters
of the State, as herewith provided, to become Section 40A of Article
III of the Constitution of the State of Maryland.
40A. The General Assembly shall enact no law authorizing pri-
vate property to be taken for public use without just compensation,
to be agreed upon between the parties, or awarded by a jury, being
first paid or tendered to the party entitled to such compensation, but
where such property is situated in Baltimore City and is desired
by this State or by the Mayor and City Council of Baltimore, the
General Assembly may provide [for the appointment of appraisers
by a Court of Record to value such property, and that, upon payment
of the amount of such valuation 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.} that such prop-
erty may be taken immediately upon payment therefor to the owner
or owners thereof by the State or by the Mayor and City Council of
Baltimore, or into court, such amount as the State or the Mayor and
City Council of Baltimore, as the case may be, shall estimate to be
the fair value of said property, provided such legislation also requires
the payment of any further sum that may subsequently be added by a
jury; AND FURTHER PROVIDED THAT THE AUTHORITY
AND PROCEDURE FOR THE IMMEDIATE TAKING OF PROP-
ERTY AS IT APPLIES TO THE MAYOR AND CITY COUNCIL
OF BALTIMORE ON JUNE 1, 1961, SHALL REMAIN IN FORCE
AND EFFECT TO AND INCLUDING JUNE 1, 1963, and where
such property is situated in Baltimore County and is desired by
Baltimore County, Maryland, the County Council of Baltimore
County, Maryland, may provide for the appointment of an ap-
praiser 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


 
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Amendments to Maryland Constitutions
Volume 380, Page 403   View pdf image (33K)
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