Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-11-01
Legal Advertisement

1
OF MARYLAND DIRECTING THE
PUBLICATION OF BILLS PROPOSING
| AMENDMENTS TO THE CONSTITU-
TION OF THE STATE OF MARYLAND.
WHEREAS. at It's regular session of
/ 1861 the General Assembly enacted Chap
ter 1923 proposing an amendment to the
State Constitution, and
WHEREAS, at its regular session Of
I 1862 the General Assembly enacted Chap
tiers 6. 100 112 and 121. proposing
amendments to the State Constitution,
and
! WHEREAS, it is the duty Of the Gov
ernor. under Section L of Article XIV
4 of the Constitution. to order publication
I of the bills proposing said amendments
/ in advance of the General Election of
| November 6. 1862, and
| WHEREAS, there will be presented on
the ballot at said election the following
proposed amendments to the Constitu-
ton for adoption or rejection by the
1 voters;
/ CHAPTER 329
Section 40A Of Article III OF the Con-
stitution Of the State Of Maryland,
| title Legislative Department chang
ing the procedure for the immediate
taking OF property under certain cir
cumstances in Baltimore City, AND
RFoH of Fac TGE PREsE S1NT PRO-
| CEDURE FOR TAKING OF PROP
| ERTY FOR A CERTAIN PERIOD,
and providing for the submission Of
the amendment to the qualified voters
| of the State Of Maryland for adoption
or rejection.
Section l. Be IL enacted by the Gen.
eraI Assembly of Maryland, Othree-
| fifths OF all the members Of each of the
1 hat ha foil
| ing amendment be and the same is here
| by proposed to Section 40A Of Article
| III of the Constitution of the State Of
Maryland, the same, II adopted by the
| legal and qualified voters OF the State,
as herewith provided, to become Section
| 40A of Article III of the Constitution
| of the State Of Maryland.
40A The General Assembly shall en-
act no law authorizing private property
to be taken for public use without just
compensation, to be agreed upon between
the parties, or awarded by jury, being
| first paid or rendered to the party en-
titled to such compensation, but where
such property is situated in Baltimore
City and is desired by this State or by
the Mayor and City Council of Balt-
more, the General Assembly may provide
| flor the appointment of appraisers by
/ Court of Record to value such property,
and that, upon payment Of the amount
of such valuation to the party entitled to
| compensation, or into Court and securing
| the payment Of any further sum that
may be awarded by jury, such property
may be taken.I that such property may
| be taken Immediately upon payment
therefor to the owner or owners thereof
by the State or by the Mayor and City
Council of Baltimore, or into court, such
amount as the state or the Mayor and
I City Council of Baltimore, as the case
may be, shall estimate to be the fair
value of said property, provided such
| legislation also requires the payment of
any further sum that may subsequently
be added by jury; AND FURTHER
/ PROVIDED THAT THE AUTHORITY
/ AND PROCEDURE FOR THE IMMEDI-
ATE TAKING OF PROPERTY AS IT
| APPLIES TO THE MAYOR AND CITY
/ COUNCIL OF BALTIMORE ON JUNE
4 /, 1861. SHALL REMAIN IN FORCE
AND EFFECT TO AND INCLUDING
I JUNE /. 1868, and where such property
/ is stu ted in Baltimore County and is
desired by Baltimore County, Maryland,
the County Council of Baltimore County,
[ Maryland, may provide for the appoint
| ment of an appraiser or appraisers by q
1 Court of Record 10 value such property
and that upon payment of the amount Of
such evaluation, to the party entitled to
i compensation, or into Court, and secur-
J
/ that may be awarded by a jury, such
property may be taken; and where such
property is situated in Montgomery
| County and in the judgment of and upon
/ a finding by the County Council of said
/ County that there is immediate need
therefor for right of way for County
roads or streets, the County Council may
provide that such property may be taken
Immediately upon payment therefor to
the owner Or owners thereof, or into
court, such amount as an appraiser APP
pointed by a Court Of Record shall est-
mate to be the fair market value Of
such property. provided that the Council
shall secure the payment of any further
sum that may subsequently be awarded
by jury. This section shall not apply
in Montgomery County if the property
actually to be taken includes buildings
or improvements.
! Section 2. And be 1t further enacted,
That the foregoing amendment to the
Constitution of the State of Maryland
I shall, at the election to be held in No
vember. 1862, be submitted to the legal
and qualified voters of the State for
their adoption or rejection, in pursuance
of the directions contained in Article IA
/ of the Constitution of the State of Mary
land, and at the same general election
/ the vote on the said proposed amend
| ment to the Constitution shall be by ball
| lot, and upon each ballot there shall be
| printed the words: For Constitutional
Amendment and Against Constitu-
tional Amendment. as now provided by
law, and Immediately after said election
| due returns shall be made to the Cover
nor OF the vote for and against the pro-
posed amendment. as directed by said
Fourteenth Article of the Constitution,
and further proceedings had in accord
ance with said Article IA.
Explanation: Bold face indicates new
matter added TO existing law.
IBracketsl Indicate matter stricken
from existing law.
CAPITALS indicate amendments to
bill
CHAPTER 9
AN ACT to propose an amendment to
Section (a) of Article XVI of the
Constitution Of the State OF Maryland,
entitled THE Referendum, TO change
the number of signers required on a
petition TO refer an act of the Cen
eral Assembly of Statewide applica-
ton to a referendum. and submitting
this amendment to the qualified voters
of the State for adoption or rejection.
Section /. Be II enacted by the Gem
eral Assembly of Maryland. (Three-
fifths of all the Members elected to each
| of the two Houses concurring), That the
/
hereby proposed as an amendment to
Section 3 (a) of Article XVI of the
Constitution Of the State Of Maryland,
title 1.-THE Referendum, the same. II
adopted by the legally qualified voters
of the State, as herein provided, to be-
come a part OF the Constitution Of Mary
land:
8.
(a) The referendum petition against
an Act or part Of an Act passed by the
General Assembly, shall be sufficient IL
signed by item thousandI THREE per
centum of the qualified voters of the
State of Maryland, calculated upon the
whole number Of votes east therein for
Governor at the last preceding GuberDa-
torIal election, of whom not more than
half shall be residents Of Baltimore City,
or of any one County; provided that any
Public Local Law for any one County
or the City OF Baltimore, shall be re-
ferred by the Secretary Of State only to
the people Of said County or City Of
Baltimore, upon a referendum petition
of ten per cent of the qualified voters
of said County or City Of Baltimore, as
the case may be, calculated upon the
whole number of votes cast therein re-
spectively for Governor at the last pre-
ceding Gubernatorial election.
Section 2. And be 1t further enacted.
| That the aforaQOinU section hefahV Dro-