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PARRIS N. GLENDENING, Governor
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Ch. 589
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subject to immediate taking under existing law; and submitting this
amendment to the qualified voters of the State of Maryland for their adoption or
rejection.
BY proposing an amendment to the Constitution of Maryland
Article III - Legislative Department
Section 40A
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Constitution of Maryland read as follows:
Article III - Legislative Department
40A.
The General Assembly shall enact no law authorizing private 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 that such property 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 property 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 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 OR A LICENSED AND CERTIFIED
REAL ESTATE APPRAISER 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. 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
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- 4269 -
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