Montgomery County sentinel., 1957-03-07
Order of Publication

(CA
PENDANTS in fee simple under the
provisions of Article 33A of the
Annotated Code of Laws of Mary
land, in order to supply the pub.
lie with electricity and electric
power and light and to construct
thereon electric power and energy
transmission lines and for such
other relief as the nature of the
case may require.
The Petition of Potomac Elec-
trio Power Company, corpora
ton duly qualified to transact
business in the State of Mary
land, respectfully represents:
That the Petitioner is an electric
company and a public service
company, as those terms are de-
fined in Section 2 of Article 78
of the Annotated Code of the
Public General Laws of Maryland,
carrying on business as such in,
among other places, Montgomery
County, Maryland, and is author
ized by law to acquire by pur-
chase or condemnation property
End rights necessary for use in
connection with transmitting and
selling electricity and electric
power and light for public and
private buildings and uses; that
in order for the Petitioner to sup
ply the public with electricity and
electric power and light it is nee
essary for the Petitioner to con-
struct electric power and energy
transmission lines upon, across
and over a certain tract of land
which is owned by defendant Bet
tie E. Birkett, widow and surviv-
ing tenant by the entirety; that
said tract of land is situate in the
Eleventh (Barnesville) Election
District of Montgomery County,
and that for the purposes afore.
said 1t is necessary for the Peti-
toner to acquire in fee simple,
from said tract of land, strip
OF land two hundred fifty (250)
feet wide, which strip of land is
hereinafter more particularly de-
scribed, on which to construct,
operate and maintain its electric
transmission facilities such as
towers, poles, structures, wires,
cables and conduits, together with
the right Of access to, and egress
from, said strip of land and the
right to cut certain trees and
brush on adjacent lands owned
by said Defendants, all as herein.
after more particularly set forth;
that said tract of land so owned
by defendant Bette E. Birkett,
surviving tenant by the entirety,
was acquired by James w. Birk.
EFT and said Bette z. Birkett, his
wife, tenants by the entireties, by
a deed dated November 90, 1916,
made to them by James w. Gum,
ct ux, which deed was, on No
vember 30, 1916, duly recorded
among the Land Records for said
Montgomery County in Liber
1045 at Folio 345; and that said
James w. Birkett has since de-
parted this life, leaving his said
wife, defendant Bette E. Birkett,
as the surviving tenant by the
entirety; that defendant KS Sun
beam Farms, a partnership, is the
lessee of part or all of said
tract so owned by defendant Bet
tie E. Birkett, under an agree
ment OF lease made in June, 1856,
by and between said partnership
and said Bette E. Birlett; that
defendants Montgomery County,
Maryland, and The State of Mary.
land are Joined herein in order
that they may protect any claim
for unpaid taxes against the 9TH
er Defendants herein which may
constitute lien against the land,
part Of which Is the subject of
these condemnation proceedings;
that the above-named defendants
are joined in these proceedings
in accordance with Section 1 of
Article 33A Of The Annotated
Code of the Public General Laws
OF Maryland and, insofar as the
Petitioner has been able to as
certain, are all the parties that
have or may claim to have an
interest In or to the property
herein sought to be condemned;
that the Petitioner is unable to
make an agreement with the de
fendant owner of said property
for the purchase by the Petition
er of said strip of land, notwith-
standing the fact THAT the Peti-
toner has made a reasonable and
bona fide effort so to do, and
that, therefore, ii is necessary
that said strip of land, and the
defendants interests therein, be
acquired by condemnation; that
the petitioner desires to acquire
by condemnation, as aforesaid,