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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 904   View pdf image (33K)
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904 ARTICLE 25.

1920, ch. 507, sec. 81AC.

112. The Drain Commissioners so appointed shall make out and return
to the County Commissioners, at their next meeting thereafter to which it
may be practicable a report in writing, under their hands, with a plat or
map attached, containing a description by general delineation, without sur-
vey, of the boundary lines of the swamp or low grounds mentioned in the
petition and also a delineation of each owner's or possessor's lot or parcel,
with the estimated quantity of acres the same contain, with the name of
every person, to whom they may award damages, and the amount thereof,
and the sum or amount each owner or possessor, or person benefitted, shall
be bound to pay as his proportion of the cost or expense of cutting such
ditch or ditches and of the damages, if any shall be awarded; and a majority
of said Drain Commissioners so appointed may determine any matter con-
nected therewith. They shall, if they consider that the making 'of such a
ditch or ditches or drains will injure any person through or upon whose
land the same be laid out, award to such person such damages as they may
think just, to be paid by the persons chargeable with the costs and expenses
of making such ditch or ditches or drains, and to be paid or tendered before
cutting the ditch or ditches.

Should it be impossible for the Drain Commissioners to reach an agree-
ment with the owners of any land or property through which it is proposed
to construct a ditch or drain as herein provided, a right-of-way may be con-
demned, and the procedure shall be as provided for in Article 33A of the
Annotated Code of Maryland, title " Eminent Domain," and any amend-
ments thereto, and such damages as may be awarded as compensation shall
be paid by the Board of Managers the same as any other damages awarded
under this law.

1920, ch. 507, sec. 81AD.

113. All persons through whose lands such ditches or drains shall be
laid out, or whose lands are in the neighborhood of and drain into the same,
and who will derive benefit therefrom, shall contribute to the cost and
expense of making the same; and the said Drain Commissioners shall
adjudge thereof, and shall assess by way of tax upon such persons, respec-
tively a sum proportional to the advantages they may receive. The sum
so levied shall be appropriated to the making of such ditches or drains and
to the payment of the damages awarded (if any), and the costs of the
Drain Commission. The said Drain Commissioners may adopt in the whole
or as a part of the ditch or ditches or drains to be located and laid out under
this Act any ditch or ditches or drains already made, cut or laid out, and
shall in such case provide by assessment as aforesaid, for their extension,
straightening, enlargement and repair, and shall allow the owners thereof a
fair compensation for the work already done on such ditch or ditches or
drains, to be paid by those benefitted; provided that the owners of such
ditch or drain so adopted in whole or in part shall be taxed their just pro-
portion of the cost of the whole ditch, or of the new and additional work.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 904   View pdf image (33K)
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