SPIRO T. AGNEW, Governor 67
land or interest therein involved shall be effective upon the filing
of such pleading if accompanied by the estimated payment herein pro-
vided for. The declaration of taking, whether filed individually or
as part of a petition for condemnation, shall include the Commis-
sion's statement as to the number of takings of land or interests
in land necessary to it for the construction of the water supply,
sewerage or drainage project and that it has acquired or is acquir-
ing by purchase or by procedures other than the declaration of
taking method one-half or more of the several takings needed for
the construction project therein involved. As used in this section,
water supply, sewerage or drainage project extension or construc-
tion includes any water main, sewer, drain or appurtenance of such
main, sewer or drain, fire hydrants, reservoirs, water purification
plant, tanks, pumping stations and sewage disposal plants. The
declaration of taking shall contain a description of the land or inter-
est in land being taken, shall name the Commission as plaintiff
and the owner or owners of the land or interests therein as de-
fendants, as in the usual condemnation proceedings, and if the peti-
tion for condemnation is not on file or filed simultaneously there-
with the declaration of taking shall be docketed as a law case by
the Clerk of the Circuit Court, the same as condemnation proceed-
ings are docketed. Notice of and service on the owner or owners
of the declaration of taking shall be accomplished in the same man-
ner as is provided for petitions for condemnation. The declaration
of taking shall identify the qualified appraiser and specify the esti-
mated valuation required by subsection (a). The date of filing the
declaration of taking, accompanied by the payment required here-
under, shall in any subsequent proceeding thereon be the operative
date of such taking with respect to the determination of the fair
value of the land or interests therein taken and damages, if any,
occasioned by the taking.
Sec. 2. And be it further enacted, That if any word, phrase,
clause, sentence or any part or parts of this Act shall be held un-
constitutional by any Court of competent jurisdiction, such uncon-
stitutionally shall not affect the validity of the remaining parts
of this Act.
Sec. 3. And be it further enacted, That this Act is hereby de-
clared to be an emergency measure and necessary for the immediate
preservation of the public health and safety, and having been passed
by a yea and nay vote supported by three-fifths of all the members
elected to each of the two nouses of the General Assembly of Mary-
land, the same shall take effect from the date of its passage.
Approved March 24, 1967.
CHAPTER 54
(House Bill 224)
AN ACT relating to the Washington Suburban Sanitary Commis-
sion, to add new Section 83-57A to the Public Local Laws of
Prince George's County (1963 Edition) and new Section 71-4A
|
![clear space](../../../images/clear.gif) |