Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1929-06-28
County Permitted To Condetnn
Land For Court House.

d Construction of the proposed new court
], house here on a combined site composed
OF the present square occupied by the
a building and the square west of the build
ing. which is being sought, may be carried
l.. forward by the county commissioners, as
an examination of the several acts dealing
with the matter indicates that it can be
q legally done, according to an opinion by
, Cissel & Woodward. counsel for the COM
n mlssioners, which has been delivered to
the board.
. The outstanding point in the opinion is
, the statement that the commissioners may
, acquire the square west of the court house
! by condemnation proceedings. authorized
under the acts of 1927, which provided
the original fund for the construction of
the court house building and for the jail.
The attorneys also say that the 100000
emergency fund may be used for the &C.
QUESTION of land, but that it would have to
be refunded at the next session of the leg
lslature. by providing new bond issue.
The board also is informed that it is
required to widen Commerce Street for an
additional is feet and thus acquire por-
ton of the land in the square west of the
court house.
The bond issue which authorizes $4,000
for the purchase Of an additional strip of
land west of the court house can be used
only for the purchase of this strip. But
counsel say in their opinion this money
cannot be used for the purchase Of this
land, il it would close Court Street. since.
they say. the purpose of acquiring the land
is for the relocation of Court street. How
ever, in the last part Of their opinion. the
attorneys informed the board II 1t decides
to make the two squares a unit. while
the county commissioners have no author
ity to close Court street. steps could be
taken by the mayor and council of Rock
vile to close 1t under the charter powers.
1t would appear from a reading Of the
opinion. therefore. that the board Of COM
missioners may 60 ahead with the project
even to the extent Of condemning the land
in the square west of the court house.
under the provisions of the original act
Counsel point out that in considering
the inquiry Of the commissioners they have
necessarily been Obliged to bear in mind
the various proposals and projects which
have been advocated for the proposed i'm
provement. 1t is pointed out that the
proceeds Of the $4,000 bond issue for
the construction of Jail does not require
the commissioners to make it a separate
structure, but it may be included in the
court house.
In discussing the authority of the COM
missioners, counsel has divided the Ques-
ton into three plans. Plan No. 1 is for
the construction of modern court house
and jail with funds made available for
that purpose upon the tract OF land now
known as the Court House Square. Under
this, counsel says. the board has power to
remodel, reconstruct the present building,
or tear down the same and build a new
building for the court house and jail. for
which. they say. $630.000 is available,
including the original bond issue of $780,
900 for the court house and $4,000 for
the jail, authorized in 1927, and the
$4,000 authorized at the last leeisla-
ture, as well as the 100000 emergency
funds.
Plan No. 2 is to construct court house
and jail upon tract Of land consisting of
the same tract as mentioned above. with
such additional land as might be acquired
under the act of 1929. authorizing the re-
location of Court street. The board can
acquire this strip either by purchase or
condemnation. but for the strip cannot
expend more than $4,000. Under this
plan, in the opinion of counsel. the COM
missoners could expend all of the funds
mentioned under plan No. I. less the $780,
600 for the strip.
Plan No. is to construct a court house
and Jail upon tract of land consisting of
the tract mentioned in plan No. 1 and the
additional land contained in the square
Immediately west Of the tract and involving
the closing of Court street. Under this plan
several OF the proposed acts must be dealt
with. One of these. passed at the last
legislature. in addition to the other authori-
cations. allows $4,000 for the widening
OF Commerce street. Counsel say that, in
any event. this widening must be done, as
the act directs the commissioners to do IL
but in widening the street they would nee
essarily acquire portion of the land in
the west square.
"Unquestionably," says the opinion, "a
portion Of the land can be acquired under
the provisions of chapter 384 OF the acts,
the jail statute. since there is no limitation
whatever. save that the jail be located in
the town of Rockville. respecting the loca-
ton Chapter No. 10. the emergency GER
tificate act. would in our opinion. provide
funds for the acquisition of this land. pro-
vided that the commissioners determine
that such emergency existed as would meet
the requirements OF the statute, which
cites that the commissioners might borrow
not to exceed 100000 However. in the
opinion OF the majority of the board OF
county commissioners of Montgomery coun-
ty, it shall be necessary for the protection
Of the health, morals and welfare of the
county.
THE judgment Of the county commits
sioners as expressed by ordinance would
appear to us to be final as to the existence
of the necessity for the issuance Of these
certificates, provided that there was no
abuse of the authority conferred by that
act, and the degree Of emergency declared
by the commissioners to exist would not
be subject to review by the courts"
Counsel points out that the original court
| -. -, hoe occuDied the nrincinaI mart