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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4136   View pdf image (33K)
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4136 ARTICLE 17.

1918, ch. 122, sec. 15.

1029. Whenever said Commission shall have extended its general water
supply or sewerage system up to and is ready to connect with any munic-
ipally owned or privately owned water supply or sewerage system, or
previously thereto if in its judgment such action is expedient, and it
deems it advisable and proper for the adequate operation of the system
under its jurisdiction to take over the said water or sewerage system, it
may purchase the same upon such terms and conditions as may be agreed
upon. In the event of failure to agree as to the purchase price or con-
ditions of purchase of said water or sewerage system, whether privately

or municipally owned, the said Commission may acquire the same by con-
demnation, in the same manner as it is authorized to acquire land by this
Act. In the condemn ation of privately owned water or sewerage systems
the jury shall take into consideration as a part of their award any pay-
ment, contribution or tax paid by the respective lot owners or purchasers
toward the construction of said systems, and where said system or sys-
tems have been built in connection with and for the purpose of develop-
ing home sites, subdivisions or villages by any individual, firm or corpora-
tion and such system or systems have been offered as an inducement for
the purchase of lots or land therein, the jury shall deduct from the deter-
mined value of the plant or system such sum as it may reasonably deter-
mine was added to the purchase price of said land or lots in the sale thereof
for the purpose of constructing said system. Privately owned systems
shall be taken under said condemnation by said Commission free and
dear of all debts and liens, but said Commission shall make a party
defendant any person, firm or corporation having any record lien or in-

cumbrance against the same, and the Circuit Court is hereby empowered
and authorized to determine the respective amounts due the defendants,
and from and after the payment into court or to the proper parties, said
Commission shall be authorized to take possession of, maintain and operate
said system, whether private or municipal, as a part of its general sys-
tem, and from the date of such payment all properties along the line of

any water main or sewer of the system so acquired shall stand in the
same relation, bear the same benefit assessment, and be subject to the same
regulations and penalties, as though the system so acquired had been con-
structed and put into operation by the said Commission under the provi-
sions of this Act; provided, however, that no building or premises, actually

connected in an adequate manner with said acquired system at the time of
its purchase, shall be required to pay the connection charge specified under
Section 1025. Whenever there is in existence a privately owned water
supply or sewerage system which in the judgment of the Commission
is unfit, as a whole or in part, for incorporation with the Commission's sys-
tem, the Commission shall disregard the existence of said system or unfit
part thereof and extend its system to serve the area tributary to the exist-
ing system or unfit part thereof, and all the provisions of this Act relating
to systems constructed by the Commission shall apply to said extension.
Any municipality whose system is acquired by said Commission, whether

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4136   View pdf image (33K)
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