Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-10-25
Legal Advertisement

REHABILITATION OF THE GOtEHNOH
OF MARYLAND DIRECTING THE
AMENDMENTS TO THE CONSTITU-
TON OF THE STATE OF MARYLAND.
WHEREAS. at its regular session Of
1861 the General Assembly enacted Chap
ter 329 proposing an amendment to the
State Constitution, and
WHEREAS, at its regular session of
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 1 of Article XIV
Of the Constitution, to order publication
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
voters;
CHAPTER 329
| AN ACT to propose an amendment to
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
PROVIDING FOR THE CONTINU-
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 l. Be IL enacted by the Gen.
cral Assembly of Maryland, (three-
| fifths 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, il 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 Balti-
more, the General Assembly may provide
| flor the appointment of appraisers by a
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.l 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
City Council Of Baltimore, rs 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 n jury; AND FURTHER
PROVIDED THAT THE AUTHORITY
AND PROCEDURE FOR THE IMMEDI-
ATE TAKING OF PROPERTY AS 1T
APPLIES TO THE MAYOR AND CITY
COUNCIL OF BALTIMORE ON JUNE
1, 1861. SHALL REMAIN IN FORCE
AND EFFECT TO AND INCLUDING
JUNE /, 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 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 ap-
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 II the property
actually to be taken includes buildings
or improvements.
Section 2. And be IL 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 amend
ment to the Constitution shall be by bal
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.
| IBracketsI Indicate matter stricken
from existing law.
CAPITALS Indicate amendments tC
! bill.
CHAPTER 8
AN ACT TO propose an amendment u
Section (aD Of Article XVI OF th'
Constitution Of the State Of Maryland
entitled THE Referendum" TO chang'
the number OF signers required on {
petition TO refer an act OF the Gen
eral Assembly Of Statewide applica
ton TO a referendum, and submitting
this amendment TO the qualified voter
OF the State for adoption or rejection
Section i. BE II enacted by the Gen
eraI Assembly of Maryland, (Three
|
Of the two Houses concurring), That thu
following section be and the same u
hereby proposed as an amendment Il
Section 3 (a) OF Article XVI Of thu
Constitution Of the State Of Maryland
title 1.-THE Referendum, the same, q
adopted by the legally qualified voter
OF the State, as herein provided, to be
come a part Of the Constitution Of Mary
land:
3.
(a) The referendum petition agains
an Act or part Of an Act passed by tn
General Assembly, shall be sufficient j
signed by item thousandI THREE pc
centum Of the qualified voters of tn
State Of Maryland, calculated upon tn
whole number OF votes cast therein fO
! Governor at the last preceding Guberna
. t0riaI election, OF whom not more thai
half shall be residents Of Baltimore City
or OF any one County; provided that an.
Public Local Law for any one Count!
or the City OF Baltimore, shall be re
ferred by the Secretary Of State only b
the people OF said County or City o
Baltimore, upon a referendum petition
Of ten per cent Of the qualified voter
! OF said County or City OF Baltimore, a
: the case may be, calculated upon tn
whole number OF votes cast therein re
spectively for Governor at the last pre-
ceding Gubernatorlsl election.
Section 2. And be u further enacted
. That the aforegoing section hereby pro
: posed as an amendment 10 the Constitu
, tion Of this State shall be, at the mex
general election, TO be held In this Stat