§ 25-11 Damage to roads and bridges — powers.

All powers of acquiring land, property or things, for the purposes of this subheading, with or without the consent of the owner, or owners, hereinbefore conferred upon the Mayor and City Council of Baltimore, shall include the power to acquire land, property, or things, including corporate franchises of every sort, rights, privileges, or easements, of any turnpike company, or companies, proprietor or proprietors, but whenever any turnpike, or toll road or bridge, the use of which is now enjoyed by the people of Baltimore County, shall be destroyed, or rendered impassable in whole or in part, by the City of Baltimore, in connection with the work herein contemplated, it shall be the duty of said City to replace the same, at its own expense, as nearly as possible with a suitable and convenient public road or bridge, in lieu thereof, and if any such existing road, or part thereof, or bridge or any road, or part thereof, or bridge, so built in lieu of one so destroyed, be on, or through, property acquired by said City for purposes contemplated by this subheading, it shall be the duty of said City thereafter, at all times, to maintain the same in good order and repair for the free use of the public, so far as the same may be on, or through, said property, subject to such provisions and conditions looking to maintaining the purity of said City’s water supply as the said Mayor and City Council of Baltimore may by ordinance impose.

Such replacement shall be effected for the convenience of the public upon such terms as may be agreed upon between the Highways Commission of Baltimore County or other proper authorities and the Mayor and City Council of Baltimore.

In the event of a disagreement between them as to the location or character of the substituted road or bridge, or as to any other terms of the replacement, the matter shall be referred to the Roads Engineer of Baltimore County, for the time being, and the City Engineer of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such replacement, and to determine where, how, and in what manner and within what time, said replacement shall be effected by said City.

No such road, or part thereof, or bridge of any such turnpike company or companies, proprietor or proprietors, shall be closed or altered, in whole or in part, under the provisions of this subheading, until another shall have been constructed and opened to the the public in lieu thereof as herein provided.

Said engineers shall have full power and authority to summons, and require the attendance of all witnesses in connection with their inquiries under <cite data-path="25|§25-11">this section</cite>, and to require that their testimony shall be taken under the oath required by law, the same to be administered by the Clerk of the Circuit Court for Baltimore County, or by a Judge of the District Court in Baltimore County.

The said engineers and the third person hereinafter mentioned if there be such, shall each receive a per diem of $10 while actually engaged in work imposed or authorized by <cite data-path="25|§25-11">this section</cite>, the same and all the other reasonable expenses of said engineers, including compensation to witnesses at the regular rates, and the employment of a secretary, if such employment be deemed necessary by said engineers, to be paid by the City of Baltimore.

The decision of said engineers in all matters between the City and Baltimore County, that may devolve upon them under <cite data-path="25|§25-11">this section</cite>, shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for Baltimore County, in equity, to set aside their findings on such ground.

Whenever said engineers may require and determine that the City of Baltimore shall construct a road by way of replacement as aforesaid said City shall have power to agree with the owners of land, property or things to be taken or injuriously affected in the construction thereof, and in default of agreement, to condemn the right of way under the provisions of Sections <cite data-path="25|§25-1">25-1</cite> and <cite data-path="25|§25-3">25-3</cite> authorizing the condemnation of property, land or things for the purposes of this subheading, or may at its election, make application to the Highways Commission of Baltimore County or other proper authorities for the opening or alteration of such road; in which latter event the proceedings under such application shall be those prescribed by law for the opening or alteration of roads in Baltimore County, except that no landowner shall be assessed for any part of the cost thereof, the whole of such cost to be borne by the City of Baltimore.

In the event of disagreement between the said engineers as to any matter devolved upon them by the terms of <cite data-path="25|§25-11">this section</cite>, they shall call in as a third arbiter a nonresident engineer skilled in the construction or maintenance of highways and bridges, to be selected by the Governor of Maryland, on the application of either of said engineers, in the event of their being unable to agree on such third person, the decision of any two of the board thus selected to be binding on the parties, and to be final and conclusive, unless impeached for fraud as aforesaid.

But nothing in this subheading shall be taken as obliging said City to replace any road or part of a road, or any bridge, or a turnpike company or turnpike companies, proprietor or proprietors, if in the opinion of said engineers, the purpose thereof will be reasonably answered, so far as the public convenience is concerned, by a road or bridge constructed, or required to be constructed by way of replacement by said City under the provisions of <cite data-path="25|§25-9">Section 25-9</cite> relating to the diversion, alteration, closure or destruction of public roads or bridges of Baltimore County, nor as obliging said City to replace any public road, or part of a road, or bridge of Baltimore County, under <cite data-path="25|§25-9">Section 25-9</cite>, if in the opinion of said engineers, the purpose thereof will be reasonably answered, so far as the public convenience is concerned by a road or bridge constructed, or required to be constructed by way of replacement by said City, under the provisions of <cite data-path="25|§25-11">this section</cite> of this subheading.