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Session Laws, 1943
Volume 584, Page 1743   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1743

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 con-
demnation in the same manner as it is authorized to acquire
land by this Act. In the condemnation of privately owned
water or sewerage systems the jury shall take into considera-
tion as a part of their award any payment, contribution or tax
upon the respective lot owners or purchasers toward the con-
struction of said system, and where said system or systems
have been built in connection with or for the purpose of
developing home sites, sub-divisions or villages, or by any indi-
viduals, 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 of 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 systems. Private
owned systems shall be taken under said condemnation 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 incumbrance against
the same, and the Circuit Court is hereby empowered and au-
thorized to determine the respective amounts due the defend^-
ants, 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 mu-
nicipal, 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 operation by the
Commission under the provisions of this Act; provided, how-
ever, 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 Commission
is unfit, as a whole or in part, for incorporation with the
Commission's system, the Commission shall disregard the exist-
ence of said system or unfit part thereof and extend its system,
to serve the area tributary to the existing 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 the Commis-
sion, whether by purchase or condemnation, is hereby author-
ized to use the amount paid to it for said system for the pur-

 

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Session Laws, 1943
Volume 584, Page 1743   View pdf image (33K)
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