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§ 40A. Eminent domain; Baltimore City; Baltimore, Cecil and Montgomery counties

West's Annotated Code of MarylandConstitution of Maryland Adopted by Convention of 1867

West's Annotated Code of Maryland
Constitution of Maryland Adopted by Convention of 1867
Article III. Legislative Department
MD Constitution, Art. 3, § 40A
§ 40A. Eminent domain; Baltimore City; Baltimore, Cecil and Montgomery counties
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 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 any of the various municipal corporations within Cecil County, if the property actually to be taken includes a building or buildings.

Credits

Acts 1912, c. 402, ratified Nov. 4, 1913; Acts 1959, c. 224, ratified Nov. 8, 1960; Acts 1959, c. 604, ratified Nov. 8, 1960; Acts 1961, c. 329, ratified Nov. 6, 1962; Acts 1962, c. 100, ratified Nov. 6, 1962; Acts 1966, c. 304, ratified Nov. 8, 1966. Amended by Acts 2002, c. 589, § 1, ratified Nov. 5, 2002.
MD Constitution, Art. 3, § 40A, MD CONST Art. 3, § 40A
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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