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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1036   View pdf image (33K)
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1036 ARTICLE 25

the swamps or low grounds mentioned in the petition, and lay out, by speci-
fied courses, distances and breadths such ditch or ditches, or drains, as shall
have sufficient fall to carry water and to drain the said swamp or low
grounds. They shall estimate the probable cost or expenses, including
damages, if any, of cutting such ditch or ditches, or installing drain tile,
and the sum or proportion thereof which each owner or possessor or person
benefited shall be bound to pay.

An. Code, 1924, sec. 112. 1920, ch. 507, sec. 81AC.

113. 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 benefited, 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.

An. Code, 1924, sec. 113. 1920, ch. 507, sec. 81AD.

114. 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
Sections 112-136 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 own-
ers thereof a fair compensation for the work already done on such ditch or
ditches or drains, to be paid by those benefited; provided that the owners


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1036   View pdf image (33K)
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