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Session Laws, 1961
Volume 654, Page 1281   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            1281

sub-district, by gift, purchase, lease, or condemnation, and any such
system, publicly or municipally owned, by gift, purchase or lease,
but not by condemnation,
but before any part of the purchase price
is paid, other than a nominal sum of money to bind the agreement,
it shall be the duty of the vendor or agent to furnish a statement
to said Commission setting forth all names and addresses of per-
sons having any interest or claims against said property whatso-
ever, which shall be verified by an oath in writing. Thereupon it
shall be the duty of said Commission to notify personally or by
registered or certified mail, return receipt requested, all persons
having any interest whatsoever in said property, and in addition
thereto the Commission shall give three weeks' notice of its intention
to purchase said property in a newspaper or newspapers published
within [said] the County where the property is located, and each per-
son having any claim whatsoever against said property shall file his,
her or its 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. From and after payment to the proper
parties of the agreed purchase price, or other amounts found to be
due by the Commission as aforesaid, the Commission shall be au-
thorized 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 special 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, how-
ever, that no building or premises actually connected in an ade-
quate 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 existence 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 constructed by the Commission
shall apply to said extension. Any municipality whose system is
acquired by the [Commission, whether by purchase or condemna-
tion,] District 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 bonds. The Commission shall not purchase
any existing water mains, sewers, or systems, in whole or in part,
which are improperly constructed or are not of sufficient capacity
or were constructed without proper authority from the State De-
partment of Health since the passage of the law requiring the same.

548. Commission to Supervise Other Systems.

After June 1, 1957, whenever the [county] County or the prop-
erty owners or residents of any locality in a [District] sub-district
shall desire a water [supply] system, sewerage system or surface
water
drainage system, or part thereof, to be constructed in that
[county or] locality, and the Commission shall decide that it is in-

 

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Session Laws, 1961
Volume 654, Page 1281   View pdf image (33K)
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