Whenever any public road, or bridge, 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 road or bridge in lieu thereof, and, if any such existing public road or bridge, or any bridge or road, so built in lieu of one so destroyed, be on, or through, property acquired by said City for the 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 such property, subject to such provisions and conditions, looking to maintain the purity of said City’s water supply, as the said Mayor and City Council of Baltimore may by ordinance impose; and provided further, that the said Mayor and City Council of Baltimore shall not have the power, anything in this subheading, or in any other act or law to the contrary notwithstanding, to condemn any such public road or bridge of Baltimore County, but shall have the right to divert, alter, close or destroy any public road or bridge of Baltimore County, when necessary in the course of such work, only by agreement with the Highways Commission of said county, or other proper authorities, having the charge and control thereof, on such terms as to replacing the same for the convenience of the public as may by said Highways Commission, or other proper authorities, be required; in the event that said City and county authorities may not be able to agree upon the terms under which said road or bridge is to be altered, diverted, closed, or destroyed, or upon the location or character of the highway, 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 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 diversions, alteration, closure, or destruction of such highway or bridge, and to determine where, how, and in what manner, and within what time, the same shall be replaced by the said City, including the right to require that said City shall build bridges over and across the lake contemplated to be formed under this subheading; it being in the contemplation of this subheading that, under <cite data-path="25|§25-9">§25-9</cite> and 25-11 at least two such bridges shall be built, at locations determined by such engineers to be the most feasible and convenient for the use of the public, injuriously affected by the destruction or alteration of existing bridges and roads. No road or bridge 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 public in lieu thereof as herein provided, 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|§25-9">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 the District Court in and for Baltimore County. The said engineers and the third person hereinafter, 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|§25-9">this section</cite>, the same and all 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|§25-9">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 to replace any road diverted, altered, closed or destroyed, or to be diverted, altered, closed or destroyed, in the course of the work contemplated by this subheading, 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 upon 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|§25-9">this section</cite>, they shall call in 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 them 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. P.L.L., 1915, §826HH 1927, §826J 1930, §826J 1938, §1046 1949, §650 1969, §25-9 1908, ch. 214 1979, ch. 125