SPIRO T. AGNEW, Governor                       1645

waterway, water rights, or watershed, either in fee or as an ease-
ment, within or without Carroll County, for the construction, ex-
tension or maintenance of any water main, sewer, or appurtenance
thereof, or any sewage treatment plant, reservoir, water treatment
plant, storage tank, or pumping station or for the execution by the
Commission of any other power or function vested in it by this sub-
title, the Commission, if it be unable to acquire the property or right
by purchase, may condemn the property or right by proceedings in
the Circuit Court for the county in which the property or right is
located, as provided for condemnation of land by public service cor-
porations in the Public General Laws of Maryland, now or hereafter
in effect; and the Commission may likewise condemn the interest of
any tenant, lessee, or other person having any right or interest in
the property or right. The power of condemnation provided for by
this subtitle shall not be exercised unless it shall have been first ap-
proved by a resolution of the Board. At any time after ten days after
the return and recordation of the verdict or award in such pro-
ceeding, the Commission may enter and take possession of the
property so condemned, upon first paying to the Clerk of the
Court the amount of the award and all costs taxed to that date, not-
withstanding any appeal or further proceedings upon the part of the
defendant. At the time of said payment, however, the Commission
shall give its corporate undertaking to abide by and fulfill any judg-
ment in any such appeal or further proceedings provided, however,
that the Commission shall have (I) no authority to condemn, take
or acquire any stream bed, waterway, water rights or drainage area
used by or for which plans are being made to be used by any munici-
pal corporation existing on the effective date of this subtitle with-
out the approval of such municipal corporation and the Board and
(II) no authority to condemn sewerage, water, or drainage facilities
owned and operated by any municipal corporation existing on the
effective date of this subtitle.

(b)    In the condemnation of privately-owned water or sewerage
systems the jury shall take into consideration as a part of its 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 pur-
pose of developing home sites, subdivisions, or villages, or by any in-
dividuals, firm, or corporation, 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 the land or lots in the sale thereof for the purpose of con-
structing said systems.

(c)    Privately-owned systems shall be taken under condemnation
by the Commission free and clear of all debts and liens, but the Com-
mission shall make a party defendant of any person, firm, or corpora-
tion having any recorded lien or encumbrance against the same, and
the Circuit Court may determine the respective amounts due the
defendants; and from and after payment into Court or to the proper
parties as hereinabove provided, the Commission is authorized to
take possession of, maintain, and operate the system, which shall 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