Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-05-10
PUBLIC GENERAL LAWS, 1912.
CONDEMNATION OF PROPERTY.
CHAPTER III.

of the State of Maryland, to be
known as Article 33A, Eminent
Domain-Regulating the Procedure
for the Use by Condemnation, and
providing that the proceedings
therefor shall be before a jury in
Court instead of before a Sheriff's
jury.
Section l. Be it enacted by the
General Assembly of Maryland, That
there is hereby added a new ar
ticle to the Code of Public General
Laws of 1904 of the State of Mary
land, to be known as Article 33A, EN-
inent Notwithstanding the Proceed
: .ure for the Acquisition of Property
for Public Use by Condemnation" and
providing that the proceedings there
for shall be before a Jury in Court,
instead of before a Sheriff's Jury, and
to read as follows:
Article xxxIllA.
Eminent Notwithstanding the
Procedure for the Acquisition of Pro-
perty for Public Use by Condenna-
ton.
l. The proceedings for the acqui-
sition of private property for public
use shall be as follows:
2. The proceedings shall be begun
by the filing Of a petition in the Cir
cult Court for the county in which
the property sought to be condemned
Is situated, on the lawside thereof, o.
one of the law courts of Baltimore
City, If such property is situated in
Baltimore City. by the State, munich
pal or other corporation, commission,
board, body or person seeking to
have the property condemned, and
against the owner of owners thereof,
and the husbands and wives Of mar
ried owners.
In case any owner Of owners is or
are not known, he or they may be de-
scribed in such petition as the I'M
known owner or owners or the I'M
known heir or heirs OF deceased
owner. The petition shall set forth
description OF the property sought
to be acquired, sufficient for identi-
fication; a statement Of the purpose
for which the same Is sought to be
condemned, and that the petition er
Is unable to agree with the owner or
owners thereof; or that one or more
OF said owners is or are under some
legal disability to contract, unknown
or nonresident, whichever may be the
fact or facts; and the said petition
snail contain a prayer that the said
property be condemned.
3. Upon the filing OF said petition,
the Court, or any judge thereof, shall
pass an order directing summons to
issue for the defendants, to be served
in the same manner as summons In
actions at law, and returned by some
day to be named in said order, not
less than ten days nor more than
twenty days from the day of the filing
OF said petition. If any defendant
be not summoned before the return
day OF the said summons, the sum-
mons may be renewed from time to
time. as often as the Court, in its dis
erection. may think proper; or, If any
uefendant is nonresident or un-
known or returned non est twice sue
cessiyely, the Court shall order the
sherin to set up 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, in paper published
In the county where such property is
situated and also in one daily news
paper published in the City of Balti-
more. II the proceedings be in coun.
ty; and II the proceedings by in Balti
more City, in two daily newspapers
published in said city; requiring such
defendant to appear in the said Court
on or before certain day to be named
In the order, said day to be not less
than thirty days nor more than sixty
days from the date of the first publi-
cation of said order, and show cause
why said property, or such defend
ants interest therein, should not be
condemned as prayed in the petition
4. Every defendant summoned
shall within fifteen days after the re-
turn day to which he is summoned,
and every defendant appearing shall
within fifteen days after such appear.
ance file an answer showing cause,
II any he has, why the property men
TONED in the petition or said defend
ants interest therein. should not be
condemned as prayed. And every de-
PENDANT against whom publication has
been duly made, as hereinabove pro
vided, shall file such an answer within
ire time limited In such order OF publ
cation.
The court shall have power for
good cause shown to extend the time
for answering. In default OF answer
within the time hereinabove provided.
OF any extension thereof which NAV
have been granted by the court, the
court shall enter judgment that the
said property, or interest therein OF
the defendant or defendants so in de-
fault, be condemned.
The court shall also render the
same judgment upon the filing of an
answer by any defendant or defend.
ants, II such answer does not DENY
the right Of the petitioner to have Inc
property condemned. In 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, as to
the right OF the petitioner to condemn
the property, at an early date, to be
specially fixed by the court; and in
case any question OF fact is involved
In the determination OF that question.
either party shall be entitled to a
jury trial, upon so electing, and eth
er party may take testimony in open
court, at such hearing, in the manner
usual In law cases tried before a iury
or before the court without a jury.
and the same procedure shall govern
as to the conduct OF such hearing and
reserving exceptions as in ordinary
IaW aaQoo