Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-03-18

and to have the opportunity to be hearC
such persons to have the right to apes
from the final decision Of the County Com
missioners to the Circuit Court for III
county.
177K. Whenever any owner of propert
in Montgomery county shall have opened
laid out or graded any avenue or road o
80 feet in width for the public convenience
and is willing to dedicate the same I,
public uses, by good and sufficient deeC
duly delivered and presented for record
the said County Commissioners are author
lied to accept the same, II. in their Opin
ion, the same be necessary and convenient
for public use.
| It'll. Whenever any road of 80 feet shall
have been in use by the public for twenty
years, though the same may never have
been condemned or granted as a public
highway, the said County Commissioners
If they deem public necessity requires the
adoption of the same as such. shall declare
the said road to be public highway, with
full power to relocate and straighten the
same. in their discretion.
l77M. Whenever any doubt exists as ia
the proper location or width Of county
road, the Commissioners may cause the same
to be surveyed by the County Surveyor and
description and plat made thereof and
recorded or filed among their records. which
said description and plat shall be deemed
official and prima facie correct by said
County Commissioners and In the courts OF
this State until and unless the contrary be
proven.
l77N. The County Commissioners of
Montgomery county shall have the power
| at any time of their own vOlition, and
without petition being filed, to open, alter,
relocate or close any public highway, ave-
nue., street, lane or alley; provide neces-
sary drainage for any public highway, ave-
nue., street. lane or alley and all private
property or rights therein, including quar-
ries, deposits of stone, sand, gravel or other
road building material, rights of way there
to and places for the accumulation of road
making and road repairing materials and
equipment necessary for the exercise OF
such powers as may be required by gift,
purchase or rental agreement. or by con-
domination.
ITO. Whenever any public road of said
county crosses at the line of any railroad
worked by steam or other power, or any
other road, public or private, the said
County Commissioners shall have power
to determine whether public safety or con-
venience requires that such public road
shall be carried across such railroad or
public or private road, at the place In
question, by another Grade, or over or I'M
dergrade crossing, and upon such determi-
nation to make such changes in GRADE and
construction of such public road as may be
necessary for such Overgrade or undergrade
crossing, as the case may be, and to con-
struct and provide for the construction of
such bridges, archways or culverts as may
be needed for such overgrade or under
grade crossings. and to provide. by con-
tract or otherwise, for the maintenance
thereof. Said County Commissioners shall
have power to determine, after such rea-
sonabe opportunity as II may fix, for
notice to all persons or corporations In in
terest, how much, If any, Of the cost of the
work made necessary by such change of
GRADE, or the cost of construction or main
tenance Of such overgrade or undergrade
crossing, or Of such bridges. archways or
culverts as may be needful therefor, shall
be borne by the county, and how much of
the same in each instance shall be borne
by any person or persons, corporation or
corporations. so as aforesaid in interest.
In order that any claim or claims Of ad-
joining property owners may be fairly dealt
with, the said County Commissioners shall
have power, on presentation Of such claim,
after such reasonable notice as they may fix,
to the claimants and all other parties inter-
ested, to determine such claim or claims,
and fix the amount thereof. and at the
same time to determine what part thereof,
II any, shall be paid by the several parties
interested and benefited by such change,
and to compel payments Of the amounts
so assessed In the same manner assess
ments are collected in the case Of the
opening of new roads or condemnation as
provided by this Article. the parties so
assessed or interested to have the right to
appeal from the order Of the said Com
missioners, as herein provided.
l77P. Said County Commissioners. in adj
ditiOn TO their other powers and duties
under this Act, shall have full charge and
control OF all sewers, drains ana bitches
used In connection with the public high
ways. roads, streets. avenues. lanes and
alleys of the county. and shall keep the
same In proper order and repair.
ITO The said County Commissioners Of
Montgomery county shall have full power
to agree and contract with owners Of land
or materials. the use Of which may be re-
quired in connection with the opening of
any new road. the construction or renair
of any bridge. relocating. straisbteninS or
widening of any road. the Droner drainage
of the roads of the county. or in connec-
ton with any other Of the dutiea under this
Act and II they be unable for anv reason
to aaree with the owners of nnv such land
or materials, the use of which ia reouired
for any such purposes. and If other pro-
visions of this Act shall NOT in anv sncb
case be applicable or advisable under The
circumstances. said Commissioners NAV
Droceed m condemn the aame mnda, he
provisions of the law relative m condem-
nation by corporations, municipaI or other
wise. as fully as thoueh thew were n cor
DOration named In the several sections of
said law
177R. In all cases where there ia anv
growing timber, buildings. stone or other
property Of value, on any property dedi-
Gated to the county by arant for road MIR
poses, opened by said County Commission-
ers as public road. as herein provided
or otherwise acquired by the said Commits,
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