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Session Laws, 1963
Volume 671, Page 1742   View pdf image (33K)
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1742                             LAWS OF MARYLAND                        [CH. 817

529. Same; procedure and conditions.

(a) Purchase.Whenever the Commission deems that the acqui-
sition of any existing water or sewer system or other urban service
installation would serve the best interests of the residents and prop-
erty owners of any area in Wicomico County either by improving
the existing service or facilitating the expansion of the system to
serve adjacent areas without adequate service, it may purchase the
same upon such terms and conditions as may be agreed upon with the
owner, whether a municipality or private person or corporation. If
the purchase is made by negotiation, the Commission shall take such
steps as it deems necessary to acquire the property or system free
and clear of all debts, liens and encumbrances except those specifi-
cally assumed as part of the purchase agreement. In the event of
failure to agree to the purchase price or conditions of purchase of
any privately owned water or sewerage system or other urban serv-
ice installation, the said Commission may acquire the same by con-
demnation in the same manner as it is authorized to acquire land
by this subtitle. In the condemnation of privately owned water or
sewerage systems the jury shall take into consideration as part of
their award any payment, contribution 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 home sites, subdivisions or villages,
or by any individuals, firm or corporations, 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. Privately owned sys-
tems 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 encumbrance 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, as part of its gen-
eral system, and from the date of such payment all properties along
the line of any water main or sewer of the system 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 Com-
mission under the provisions of this subtitle; provided, however,
that no building or premises actually connected in an adequate man-
ner with the said acquired system at the time of its purchase shall
be required to pay any connection charge. As part of the terms of
purchase of any municipally owned water or sewerage system, and
where it forms part of the consideration paid for the system, the
Commission may, notwithstanding any provision in this subtitle
apparently to the contrary, agree that a lower service charge or ad
valorem tax shall be charged or imposed against properties located
within the then boundaries of the municipality owning said system
than shall be charged or imposed against properties not located
within its then existing boundaries but then or thereafter connected


 

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Session Laws, 1963
Volume 671, Page 1742   View pdf image (33K)
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