Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-10-11
Legal Advertisement.

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 l of Article XIV
/ of the Constitution. to order publication
OF the bills proposing said amendments
IN advance of the General Election Of
November 8, 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 800
| AN ACT to propose an amendment to
Section 40A OF Article III OF the Con-
stltution 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 CONTTNU-
| ALTON OF THE PRESENT PRO
CEDURE FOR TAKING OF PROP
ERTY FOR A CERTAIN PERIOD,
| and providing for the submission Of
|
Of the State Of Maryland for adoption
or rejection.
Section 1. BE 1t enacted by the Gen
eraI Assembly Of Maryland. Cthree-
| 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, 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.
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 a 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 Bati-
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
I may be taken.l that such property may
]
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, 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
PROV -DED THAT THE AUTHORITY
. AND PROCEDURE FOR THE IMMEDI-
, ATE TAKING OF PROPERTY AS IT
APPLIES TO TIE MAYOR AND CITY
COUNCIL OF BALTIMORE on JUNE
/. 1861, STALL REMAIN IN FORCE
AND EFFECT TO AND INCLUDING
JUNE I, 1858. and where such property
is situated in Baltimore County and is
desired by Baltimore County, Maryland.
the County Council of Baltimore County,
.ia.. land may provide for the appoint
ent OF an appraiser or appraisers by
Court Of Record TO value such property
and that upon payment of the amount of
such eyaluation, 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
I the owner or owners thereof or into
court, such amount as 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 il the property
actually to be taken includes buildings
or Improvements.
/ Section ?. And be 1t 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
I 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
I lot, and upon each ballot there shall be
printed the words: For Constitutional
/ Amendment and Against Constitu-
4 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.
[BracketsI Indicate matter stricken
from existing law.
| CAPITALS Indicate amendments to
| bill.
CHAPTER s
| AN ACT to propose an amendment to
Section (a) Of Article XVI OF the
Constitution Of the State Of Maryland,
entitled 1.-THE Referendum, to change
the number OF signers required on
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 1. 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
| following section be and the same is
| hereby proposed as an amendment TO
| Section Ca OF Article XVI of the
| Constitution Of the State OF Maryland,
title 1.-THE Referendum the same, IL
adopted by the legally qualified voters
OF the State. as herein provided, to be-
come a part of the Constitution Of Mary
land;
3.
(a) The referendum petition against
an Act or part Of an Act passed by the
General Assembly. shall be sufficient II
signed by item thousandl THREE per
centum of the qualified voters Of the
State OF Maryland, calculated upon the
whole number of votes cast therein for
Governor at the last preceding Guberna-
tOrlal 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 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-
cedng Gubernatorial election.
/ Section ?. And be Il further enacted.
That the aforegoing section hereby pro-
posed as an amendment TO the Constitu-
ton of this State shall be, at the next
general election, TO be held in this State
in the year 1862, submitted to the legal
and qualified voters thereof for their
adoption or rejection in pursuance Of
the directions contained in Article ID OF
the Constitution OF this State. and at
the said general election, the vote on the
said proposed amendment shall be by