WILLIAM DONALD SCHAEFER, Governor Ch. 492

THE BOARD OF ROAD COMMISSIONERS SHALL BE CONSTRUED TO MEAN
THE COUNTY COMMISSIONERS ACTING AS SUCH BOARD, EXCEPT WHERE
SUCH CONSTRUCTION WOULD BE ABSURD OR UNREASONABLE.

104-3. PROCEDURES FOR ACQUIRING PRIVATE PROPERTY FOR
DRAINAGE OUTLETS OR WATERCOURSES OR TO UTILIZE GRAVEL
BANKS.

A. DRAINAGE OUTLETS OR WATERCOURSES. WHENEVER THE
BOARD OF ROAD COMMISSIONERS OF CHARLES COUNTY SHALL FIND IT
NECESSARY TO OPEN AN OUTLET OR WATERCOURSE THROUGH
PRIVATE PROPERTY IN SAID COUNTY TO SECURE THE PROPER
DRAINAGE OF ANY PUBLIC ROAD THEREIN, IT SHALL FORTHWITH
NOTIFY THE OWNER OR OWNERS OF SAID LAND. IF SUCH OWNER OR
OWNERS AND SAID BOARD OF ROAD COMMISSIONERS SHALL AGREE
UPON THE VALUE AND PRICE TO BE PAID FOR THE SAME, THEN SUCH
CONSENT AND AGREEMENT SHALL BE ENTERED UPON THE BOOKS OF
THE BOARD OF ROAD COMMISSIONERS, AND SUCH OUTLET OR
WATERCOURSE SHALL BE OPENED, BUT IF THE OWNER OR OWNERS AND
THE BOARD OF ROAD COMMISSIONERS OF CHARLES COUNTY SHALL
FAIL TO AGREE AS AFORESAID, THEN SAID BOARD OF ROAD
COMMISSIONERS SHALL HAVE SUCH POWER AND AUTHORITY TO
CONDEMN THE LAND FOR SUCH OUTLET OR WATERCOURSE IN THE
MANNER AS IS NOW OR MAY BE HEREAFTER CONFERRED BY THE CODE
OF PUBLIC GENERAL LAWS OF THE STATE OF MARYLAND TO THE
COUNTY COMMISSIONERS FOR THE CONDEMNING OF LAND FOR THE
OPENING OF PUBLIC ROADS AND SHALL APPOINT THREE (3) EXAMINERS
TO GO OVER THE OUTLET OR WATERCOURSE FOR SUCH DRAINAGE AND
ESTIMATE THE DAMAGE TO THE OWNER OR OWNERS OF THE LAND
THROUGH WHICH SAID OUTLET OR WATERCOURSE SHALL BE RUN AND
MAKE THEREOF TO THE BOARD OF ROAD COMMISSIONERS OF CHARLES
COUNTY, WHICH, UPON THE TENDER OF THE AMOUNT SO ESTIMATED
TO SAID OWNER OR OWNERS, SAID BOARD OF ROAD COMMISSIONERS
SHALL IMMEDIATELY CAUSE SUCH OUTLET OR WATERCOURSE TO BE
OPENED; PROVIDED, HOWEVER, THAT IF THERE SHALL BE AN APPEAL
TO THE CIRCUIT COURT OF CHARLES COUNTY, MARYLAND, FROM THE
FINDING OF SAID EXAMINERS, TO BE FILED IN THE OFFICE OF THE
ROAD COMMISSIONERS OF CHARLES COUNTY WITHIN TEN (10) DAYS
AFTER THE RETURN OF THE SAME, SAID APPEAL, PROVIDED THAT BOND
IS GIVEN WITH SUCH SECURITY AS MAY BE APPROVED BY THE ROAD
COMMISSIONERS OF CHARLES COUNTY TO PAY THE COST OF THE SAME,
SHALL STAY FURTHER PROCEEDINGS UNTIL SAID APPEAL MAY BE
HEARD, BUT NO SUCH OUTLET OR WATERCOURSE SHALL BE OPENED SO
AS TO PASS THROUGH THE BUILDINGS, GARDENS, YARDS OR BURIAL
GROUNDS OF ANY PERSON OR PERSONS WITHOUT THE CONSENT OF THE
OWNER OR OWNERS IN WRITING.

B. GRAVEL BANKS. IN CASE SAID BOARD OF ROAD

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