The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1912-05-17
PUBLIC GENERAL LAWS, 1912.
CONDEMNATION o. PROPERTY.
. Gil A P-T- r. F7 M.

Of tn State DIT Maryland, I'D d.
known III Article 33A, Eminent
Domain Regulating the Procedure
for the Use by Condemnation, and
providing that the proceedings
therefor shall D. before a jury in
Court instead of before a Sheriff's
jury.
Section Il. ~ IT enacted by the
General Assembly Of Maryland, That
there j. hereby added a new a.
ticle to the Code of Public General
Laws OF 1904 off the State of Mary
land, to be known A. Article 33A, Elm
inent Notwithstanding thu Proceed
ure for the Acquisition OFF Property
for Public Use by Condemnation, and
providing that The proceedings there
for shall be before jury in Court,
instead Of before Sheriff'S Jury, ami
to read al follows:
Article EENIlIA.
Eminent notwithstanding the
Procedure for the Acquisition of Pro
perty for Public Use by Condenna-
ton
n The proceedings for the acqui-
sition of private property for public
use shall b. Al follows:
?. The proceedings shall b. begun
by The filing of petition in the Cir
cult Court for the county i'm which
thu property sought to b. condemned
il situated, On the lawside thereof, O
one OF the law courts of Baltimore
City, if such property IL situated in
Baltimore City, by the State, munich
pal Oh other corporation, commission,
board, body Oh person seeking to
have the property condemned, and
against the owner of owners thereof
and the husbands and wives of mar
ried owners.
Tn case any owner of owners il O.
are not known, he or they may b. de-
scribed in such petition a. the I'M
known owner or owners or the I'M
known heir on heirs OFF a deceased
owner. The petition shall st forth
a description OF the property sought
To b. acquired, sufficient for identi-
fication; statement of the purpose
for which the same il sought to b.
condemned and that the petitioner
i unable to agree with the owner Or
owners thereof; or that one or more
Of said owners il Oh are under some
legal disability to contract, unknown
or nonresident, whichever may be the
fact or facts; and the said petition
shall contain prayer that the said
property b. condemned.
3. Upon the filing of said petition,
the Court, OF any Judge thereof, shall
pass an order directing a summons to
issue for the defendants, to b. served
lin the same manner as summons in
actions alt law, and returned by some
day to b. named in said order, not
less than ten days nor more than
twenty days from the day of the filing
Of said petition. f any defendant
b. not summoned before the return
day of the said summons. the sum
mons may b. renewed from time to
time, al often a. the Court, i'm it, dis
erection, may think proper; or, if any
defendant IL nonresident or un-
known or returned non est twice sue
cessively, the Court shall order the
sheriff to set up a copy Of the sum-
mons for such defendant upon the
property and shall order a notice to
be- published once week for four sue
cessive weeks, i'm paper published
in the county where such property il
situated and also i'm one daily news
paper published in the City OF Balti-
more, if the proceedings b. i'm coun
ty; and if the proceedings by i'm Balti.
more City, i'm two daily newspapers
published i'm said city; requiring sucn
defendant To appear i'm the said Court
on or before certain day to be named
i'm the order, said day to b. not less
than thirty days nor more than sixty
days from the date of the first publ
cation of said order, and show cause
why said property, or such defend.
ants interest therein, should not b.
condemned As prayed i'm the petition.
A. Every defendant summoned
shall within fifteen days after the ne
turn day to which H. il summoned,
and every defendant appearing shall
within fifteen days after such appear
ance file an answer showing cause,
if any h. has, why the property men
toned in the petition or said defend
ants interest therein, should not b.
condemned a. prayed. And every de-
PENDANT against whom publication has
been duly made, al hereinabove pro
vided, shall file such an answer within
tire time limited in such order of publ
cation.
The court shall have power for
good cause shown to extend the time
for answering. Tin default OF answer
within the time nereinabOve provided
or any extension thereof which may
have been granted by the court, the
court shall enter judgment that the
said property, or interest therein or
the defendant or defendants 20 i'm de-
fault, be- condemned.
The court shall also render the
same judgment upon the filing Of an
answer by any defendant or defend
ants, If such answer does not deny
the right of The petitioner to have the
property condemned. Tin the event of
an answer being filed denying the
right of the petitioner to have the
property condemned, the court shall
hear the question thus raised, A. to
the right OF the petitioner to condemn
the property, at an early date, to b.
specially fixed by the court; and in
case any question Of fact Il involved
i'm the determination of that question,
either party shall b. entitled to
jury trial, upon % electing, and eth
IT party may take testimony i'm open
court, at such hearing, i'm the manner
usual i'm law cases tried before jury
OF before the court without "a jury;
and CANA shall crRvnrrl