BALTO. GAS CO. v. STATE ROADS COMM.

[No. 227, October Term, 1956.]

214 Md. 266 (1957)

134 A.2d 312

BALTIMORE GAS AND ELECTRIC COMPANY v. STATE ROADS COMMISSION OF MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed August 26, 1957.

Denied September 24, 1957.


Attorney(s) appearing for the Case

Clarence W. Miles and William Baxter, with whom were Alfred P. Ramsey and Paul S. Clarkson on the brief, for the appellant.

Joseph D. Buscher, Special Assistant Attorney General, and Richard W. Case, with whom were C. Ferdinand Sybert, Attorney General, Herbert F. Murray and Clark, Smith & Prendergast on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.


HAMMOND, J., delivered the opinion of the Court.

Unless the Legislature directs to the contrary, the rule is that a public utility must, at its own expense, remove and relocate its service facilities in, on or under a public road or other land owned by the State if this is made necessary by improvement or extension of the road system. The question before us is whether the Legislature, in authorizing the State Roads Commission to build toll bridges, tunnels and motorways...

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