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Session Laws, 1931
Volume 580, Page 805   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR.                  805

and each person having any claim whatsoever against said
property shall file its, his or her claim with said Commission
on or before the expiration date mentioned in said notice, at
which time any and all persons will be heard and their rights
determined by the Commission, which said hearing shall be
final. In the event of failure to agree to the purchase price or
conditions of purchase of said water or sewerage system, *
whether privately or municipally owned, the said Commission
may acquire the same by condemnation in the same manner as
it is authorized to acquire land by this Act. In the condem-
nation 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 by the respective lot owners or pur-
chasers toward the construction of said system, and where said
system or systems have been built in connection with or for
the purpose of developing home sites, subdivisions or villages,
or by any individuals, firm or corporation, and such system or
systems have been offered as an inducement for the purchase of
lot or land therein, the jury shall deduct from the determined
value from the plant or system such sum as it may reasonably
determine was added to the purchase price of said land or lots
in the sale thereof for the purpose of constructing said sys-
tems. Privately owned systems shall be taken under said con-
demnation by the Commission free and clear of all debts and
liens, but said Commission shall make a party defendant any
person, firm or corporation having any recorded lien or incum-
brance against the same, and the Circuit Court is hereby em-
powered and authorized to determine the respective amounts
due the defendants, and from and after payment into court or
to the proper parties the Commission shall be authorized to
take possession of, maintain and operate said system, whether
private or municipal, as a part of its general system, 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 constructed and put into opera-
tion by the Commission under the provisions of this Act; pro-
vided, however, that no building or premises actually connected
in an adequate manner with the said acquired system at the
time of its purchase shall be required to pay any connection
charge. Whenever there is in existence a privately owned
water supply or sewerage system which in the judgment of the

 

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Session Laws, 1931
Volume 580, Page 805   View pdf image (33K)
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