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Session Laws, 1955
Volume 620, Page 1131   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                   1131

take into consideration as a part of their award any payment contri-
bution or tax upon the respective lot owners or purchasers toward
the construction of said system, and where said system or systems
have been built in connection with or for the purpose of developing
homesites, sub-divisions or villages, or by any individuals, firm or
corporation, and such system or systems have been offered as an
inducement for the purchase of lots 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. Privately-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 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 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 as 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 sub-title; provided, 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 Commission is unfit, as whole or in part, for incorporation with
the Commission's system, the Commission shall disregard the ex-
istence 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 sub-title relating to systems con-
structed by the Commission shall apply to said extension. Any
municipality whose system is acquired by the Commission, whether
by purchase or condemnation, is hereby authorized to use the amount
paid to it for said system for the purchase or redemption of any
bonds or debt which may be outstanding against the same or the
Commission may as a part of the purchase price of said system,
assume the payment of any such outstanding bond. The Commission
shall not purchase any existing water mains, sewers or systems, in
whole or in part, ivhich are improperly constructed or are not of
sufficient capacity or were constructed without proper authority
from the State Department mof Health since the passage of the Act
requiring the same.

410. After the passage of this sub-title, whenever a municipality
or the property owners or residents of any locality in the Metro-
politan District shall desire a water supply, sewerage or drainage
system, or part thereof, to be constructed in that municipality or
locality, and the Commission shall decide that it is inexpedient or
impracticable at that time, owing to the remoteness from its general
system or other causes, to build such system, such municipality or
persons may build and operate said system at its own expense, but
it shall be constructed under plans and specifications prepared by


 

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Session Laws, 1955
Volume 620, Page 1131   View pdf image (33K)
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