The Republican. [volume] (Oakland, Md.) 1877-current, 1962-10-18

come a part of the Constitution of
Maryland:
(a) The referendum petition against
an Act or part of an Act passed by the
General Assembly shall be sufficient if
signed by item thousandl THREE per
cfHtHm of the qualified voters of the
State of Maryland, calculated HfoH the
7Uhole number Of V0tes cast therein TOR
G0rerH0r at the last preceding GHberHG-
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 referred
by the Secretary of State only TO the
people OF said County or City of Balt-
more, 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 num-
her of votes cast therein respectively for
Governor at the last preceding Guber-
material election.
SEC. 2. Ind be it 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 i'll Article Il of
the Constitution of this State, and at
the said general election, the vote on the
said proposed amendment shall be by
ballot, and upon each ballot there shall
be printed the words For the Constitu-
tional Amendment" and against the
Constitutional Amendment, as now pre-
scrbed by law, and Immediately after
said election, due returns shall be made
to the Governor of the vote for and
against said proposed amendment. as di-
rected by said Article Is of the Con-
stitution and further proceedings had in
accordance with said Article Il.
EXPLANATION: italics indicate ne1C matte,
aided TO existing Lac.
IBracketsI indicate matter stricken
from existing law.
CAPITALS indicate amendments to bill.
CHAPTER 100
AN ACT TO propose an amendment to
Section 40A Of Article III of the Con-
stitution of Maryland, title "Legisla-
tive Department amending the pro-
Cedure for the immediate taking of
property in Montgomery County, and
providing for the submission of this
amendment to the legally qualified
voters OF the State for their adoption
or rejection.
SECTION I. Be it enacted BY the Cen
eral assembly Of Maryland, CThree-hfths
Of all the members OF each of the two
houses concurring), That the following
amendment be and the same is hereby
OF the Constitution Of the State OF Mary
land, the same, if adopted by the legal
and qualified voters Of the State, IS
herewith provided, to become a part Of
the Constitution of Maryland.
40A.
The General Assembly shall enact no
law authorizing private property to be
taken for public use without Just Com
pensation, to be agreed upon between
the parties, or awarded by a jury, being
first paid 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
for 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 Sc
curing the payment of any further sum
that may be awarded by jury, such
property may be taken; and where such
property is situated in Baltimore County
and is desired by Baltimore County,
Maryland, the County Council of Balti-
more County, Maryland, may provide
for the appointment of an appraiser or
appraisers by a 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 securing the payment of any
further sum that may he awarded by a
jury, such property may be taken; and
where such property is situated in Mont
gomery County and in the judgment of
and upon a finding by the County Coun-
Gil of said County that there is i'm
mediate 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 Ian ap-
praiser appointed by a Court OF RecordI
a licensed real estate broker APPOINTED
BY the County Council shall estimate TO
be the fair market value of such prop-
ertv, provided that the Council shall
secure the payment of any further sum
that may subsequently be awarded bv
jury. This Section 404 shall not apply
in Montgomery County if the property
actually to be taken includes building
or buildings Tor improvements.
SEC. ?. lind be it further enacted,
That the aforegoing amendment to the
Constitution of this State shall be, at
the next general election, to be held in
November, 1862, submitted to the legal
and qualified voters of the State for
their adoption or rejection in pursuance
of the directions contained in Article II
of the Constitution OF this State, and at
the said general election, the vote ON the
said proposed amendment to the Cons,i-
tuition shall be by ballot, and upon each
bdIlot tiiSlS sHdl NC pi iiltcu inc words
For the Constitutional Amendment"
and Against the Constitutional Amend
ment", now provided by law, and inn
mediatey after said election, due returns
shall be made to the Governor of the
vote for and against said proposed
amendment, as directed by said Four
teenth Article of the Constitution and
further proceedings had in accordance
with said Article Il.
EXPLANATIoN: Italics indicate neaO matter
added to existing lac.
Brackets indicate matter stricken
from existing law
CAPITALS indicate amendments to bill
CHAPTER 1l2
AN ACT to propose an amendment to
Section IS of Article III of the Con.
stItution of MARYLAND, title 81 episla.