§ 25-36 Damage to roads and bridges — State roads and bridges.

Whenever any State road or bridge under the jurisdiction of the State Roads Commission 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, as nearly as possible, at its own expense, with a suitable and convenient road or bridge in lieu thereof; provided that the said Mayor and City Council of Baltimore shall not have the power, anything in <cite data-path="25|§25-36">this section</cite> or in any other Act to the contrary notwithstanding, to condemn any such State road or bridge under the jurisdiction of the State Roads Commission, but shall have the right to divert, alter, close or destroy any State road or bridge under the jurisdiction of the State Roads Commission, when necessary in the course of such work, only by agreement with the State Roads Commission, on such terms as to replacing the same for the convenience of the public as may by said State Roads Commission be required.

In the event that said City and the State Roads Commission may not be able to agree upon the terms under which said State road or bridge is to be altered, diverted, closed or destroyed, or upon the location or character of the State road or bridge to replace the same, or upon any other terms as to the replacing of the same, the matter shall be referred to the Chief Engineer of the State Roads Commission, for the time being, and the Chief Engineer of Baltimore City, for the time being, who shall have plenary power to consider and decide all questions in connection with such diversion, alteration, closure or destruction of such State road or bridge, and to determine where, how and in what matter, and within what time, the same shall be replaced by said City.

No State road or bridge shall be closed or altered in whole or in part under the provisions of <cite data-path="25|§25-36">this section</cite> until another shall have been constructed and opened to the public in lieu thereof as herein provided, and said Engineers shall have full power and authority to summon, and require the attendance of, all witnesses in connection with their inquiries under <cite data-path="25|§25-36">this section</cite>, and to require that their testimony shall be taken under oath, as required by law.

The said Engineers and the third person hereinafter mentioned, if there be such, shall each receive a per diem of ten dollars while actually engaged in work imposed or authorized by <cite data-path="25|§25-36">this section</cite>, the same and all other reasonable expenses of said Engineers, including 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 the State Roads Commission which may devolve upon them under <cite data-path="25|§25-36">this section</cite> shall be final and conclusive unless impeached for fraud in appropriate proceedings instituted in the Circuit Court for Baltimore City, to set aside their findings on such ground.

Whenever said Engineers may require and determine that the City of Baltimore shall construct a road to replace any State road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed in the course of the work contemplated by <cite data-path="25|§25-36">this section</cite>, 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 <cite data-path="25|§25-36">this section</cite>, authorizing the condemnation of property, land or things for the purposes of <cite data-path="25|§25-36">this section</cite>, or may, at its election, make application to the State Roads Commission for the opening or alteration of such State road, in which latter event the proceedings shall be those prescribed by law for the opening or alteration of State roads, 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|§25-36">this section</cite>, they shall call in as a third arbiter, an 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 they are 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.

The powers and duties of the Chief Engineer of Baltimore City under <cite data-path="25|§25-36">this section</cite> may, at any time, with the consent of the Mayor of Baltimore, be delegated by him to one of his assistant engineers, or such powers may be exercised and duties performed by some third party to be named by the municipal agency hereinafter charged with the duty of carrying the work under <cite data-path="25|§25-36">this section</cite> into execution.

The powers conferred and the duties imposed by <cite data-path="25|§25-36">this section</cite> upon the Chief Engineer of the State Roads Commission may at any time, with the consent of the said State Roads Commission, be delegated by him to one of his assistant engineers.