The Republican. [volume] (Oakland, Md.) 1877-current, 1962-11-01

PROCLAMATION OF THE COVER
NOR OF MARYLAND DIRECTING
THE PUBLICATION OF BILLS
PROPOSING AMENDMENTS TO
THE CONSTITUTION OF THE
STATE OF MARYLAND.
WHEREAS, at its regular session OF
1861 the General Assembly enacted
Chapter 329 proposing an amendment to
the State Constitution, and
WHEREAS, at its regular session OF
1862 the General Assembly enacted
Chapters 6, 100, liz and l21, proposing
amendments to the State Constitution,
and
WHEREAS, it is the duty of the
Governor under Section l of Article
XIV of the Constitution, to order publi-
cation of the bills proposing said amend
ments in advance of the General Election
of November 6, 1862, and
WHEREAS, there will be presented
on the ballot at said election the follow
ing proposed amendments TO the Consti-
tuition for adoption or rejection by the
voters;
CHAPTER 32o
AN ACT to propose an amendment TO
Section 40A of Article III of the
Constitution 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
PROVIDING FOR THE CONTlNU-
ALTON OF THE PRESENT 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 /. Be It enacted by the Gem
eral Assembly of Maryland, Ghree-
ffths of all the members of each of the
two houses concurring), That the follow
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, if 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.
4OA. 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
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 ta1en.l that such property may
be taken Immediately upon payment
therefor to the O5VHer or o10nerS thereof
by the State or by the Mayor and City
Council of Baltimore, or into court, such
amount as the State or the Mayor ana
City Council of Baltimore, as the case
may be, shall estimate to be the fair
valne of said PROPERTY, provided such
legislation also requires the payment Of
any further sum that may subsequently
be added by a jury; AND FURTHER
PROVIDED THAT THE AUTHOR,
IMMEDIATE TAKING OF PROPER
MAYOR AND CITY CoUNCIL OF
BALTIMORE ON JUNE /, 1861,
SHALL REMAIN IN FORCE AND
EFFECT TO AND INCLUDING
JUNE l, 1868, and where such property
is situated 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
Court of Record to value such property
and that upon payment of the amount of
such evaluation, to the party entitled TO
compensation, or into Court, and secur
ing the payment of any further sum
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 an appraiser APP
pointed by a Court of Record shall esti-
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 a
jury. This section shall not apply in
Montgomery County if the property &C
tually to be taken includes buildings or
improvements.
SEC. 2. And be it further enacted,
That the foregoing amendment to the
Constitution of the State of Maryland
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 amendment
to the Constitution shall be by ballot,
and upon each ballot there shall be
printed the words: For Constitutional
Amendment" and Against Constitutional
Amendment as now provided by law,
and Immediately after said election due
returns shall be made to the Governor
of the vote for and against the proposed
amendment, as directed by said Four
teenth Article of the Constitution, and
further proceedings had in accordance
with said Article a.
EXPLANATION: Italics indicate ,eaU matter
added to existing lac.
IBracketsl indicate matter stricken
from existing law.
CAPITALS indicate amendments to bill.
CHAPTER 6
AN ACT to propose an amendment to
Section 3 (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 it enacted by the Cen
syal Assembly of Maryland, (Three-
fifths of all the Members elected to each
of the two Houses concurring), That the
following section be and the same is
hereby proposed as an amendment to
Section 3 (a) of Article XVI of the
Constitution of the State of Maryland,
title THE Referendum, the same, If
adopted by the legally qualified voters