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Session Laws, 1963
Volume 671, Page 2008   View pdf image (33K)
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2008                               LAWS OF MARYLAND                         [CH. 870

when published, adopted, and recorded in a book kept for this pur-
pose in the office of the Clerk of the Circuit Court for Harford
County, shall have the force and effect of laws lawfully adopted
under authority of the General Assembly of Maryland.

442. Special AssessmentsPrivate Roads

(a)   The County Commissioners of Harford County may construct
and improve roads and drainage incident to said construction or
improvement on or along private roads, after the approval of a
petition of the majority of the property owners whose property
abuts on the road to be constructed or improved requesting that said
roads be taken into the county roads system. In the exercise of the
powers granted by this section, the County Commissioners by proper
ordinance, passed in accordance with the provisions of Section 3 of
Article 25 of the Annotated Code of Maryland (1957 Edition, as
amended from time to time), may adopt all necessary rules and con-
ditions for the acceptance, construction, and maintenance of such
roads and/or other authorized improvements by the county. Such
ordinance may also provide for annual benefit assessments to be
levied against the abuting properties for the purpose of reimburs-
ing the county for the cost of such improvements and the time and
manner of payment, except that the time of payment may not
exceed ten years. Annual benefit assessments shall be a first lien
upon the property against which they are assessed, until paid, sub-
ject only to prior State and county taxes; and if any property is sold
for State and county taxes, and there remains a surplus over the
amount of the taxes due, the County Commissioners upon proper
petition to the Circuit Court may be allowed the payment of their
lien.

(b)  For the purpose of giving notice to the general public as to
existing liens and charges against any property for benefit assess-
ments, the County Commissioners shall keep a public record of all
names of property owners and the locations of said property, and
the amount of said benefit charges among the Land Records of
Harford County under the supervision of the Clerk of the Circuit
Court; and the recordation with said Clerk of said benefit assess-
ments shall be legal notice of such liens.

(c)   The County Commissioners, on or before the beginning of the
fiscal year, shall certify its benefit assessments hereunder to the
Treasurer of Harford County for collection from the property
owners affected; and the Treasurer shall add the benefit assessments
to the State and county property tax bills for collection by October 1
in each year without interest or discount; and upon failure of pay-
ment of the benefit assessments, they may be deducted from any
surplus in the hands of the Treasurer after a sale for non-payment
of State and county property taxes under proper order of the Circuit
Court. In the alternative, the lien created in favor of the annual
benefit assessments may be enforced by bill in equity or by action in
personam.

(d)  Before the powers granted by this section to the County Com-
missioners shall be exercised, there shall first be a petition of prop-
erty owners as hereinbefore provided, requesting improvements;
public hearing upon the petition after ten days* notice in a news-
paper regularly published in Harford County; approval of the peti-


 

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Session Laws, 1963
Volume 671, Page 2008   View pdf image (33K)
 Jump to  
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