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.
|