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Session Laws, 1955
Volume 620, Page 1077   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                  1077

of said judgment or compromise, certify to said County Council of
Montgomery County and
County Commissioners of Prince George's
County
[of both Counties], a tax rate, in addition to that required
for its interest, serial bonds and sinking fund requirements, that will,
when levied and collected under the provisions of Section 1568 of
this sub-title, produce an amount sufficient to satisfy said judgment
or other sum including costs and counsel fees, if any, provided, how-
ever, that this provision shall relate only to any cause of action
occurring subsequent to April 26, 1927. Whenever it shall be deemed
necessary by said Commission to take or acquire any land, structures
or buildings, or any stream bed, water way, water rights, or water
shed, either in fee or as an easement, within or without the Sanitary
District, for the construction, extension or maintenance of any water
main, sewer or appurtenance thereof, or for any sewage disposal
plant, reservoir, water purification plant, tank or pumping station,
said Commission may purchase the same from the owners or failing
to agree with the owner or owners thereof, may condemn the same by
proceedings in the Circuit Court for the County in which said land,
structures or buildings, stream bed, water way, water rights, or water
shed are situated, as now provided for condemnation of land under
Article 33A of the Public General Laws of Maryland, -fexcept that
land used for cemetery purposes may not be condemned, and said
Commission may likewise condemn the interest of any tenant, lessee
or other person having an interest in said land, structure or buildings,
stream bed, water way, water right or water shed.

[Said Commission may file in the cause, with the petition for
condemnation, or at any time before judgment, a declaration of taking
signed by its Commissioners or a majority of them, declaring that
said lands are to be taken for the use of the Washington Suburban
Sanitary Commission. Said declaration of taking shall contain or
have annexed thereto as a part thereof:

(1)   A Statement of the authority under which and the public use
for which said lands are taken.

(2)   A description of the lands taken sufficient for the indentifica-
tion thereof.

(3)   A statement of the estate or interest in said lands taken for
said public use.

(4)   A plan showing the lands taken.

(5)   A statement of the sum of money estimated by said Commis-
sion to be just compensation for the lands taken.

Upon the filing of said declaration of taking and the deposit in the
registry of the Court, to the use of the persons entitled thereto, of the
amount of the estimated compensation stated in said declaration, title
to said lands in fee simple, or such less estate or interest therein as is
specified in said declaration, shall vest in the Washington Suburban
Sanitary Commission and said lands shall be deemed to be condemned
and taken for the use of said Commission, and the right to just
compensation for the same shall vest in the persons entitled thereto ;
and said compensation shall be ascertained and awarded in said pro-
ceedings and established by judgment therein, and said judgment shall
include as a part of the just compensation awarded, interest at the
rate of six per centum per annum on the amount finally awarded as

 

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Session Laws, 1955
Volume 620, Page 1077   View pdf image (33K)
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