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Session Laws, 1968
Volume 683, Page 1185   View pdf image
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SPIRO T. AGNEW, Governor                        1185

and recordation of the verdict or award in such proceedings, the
Commission may enter and take possession of the property so con-
demned, upon first paying to the Clerk of the Court the amount of
the award and all costs taxed to that date, notwithstanding any ap-
peal or further proceedings upon the part of the defendant. At the
time of said payment, however, the Commission shall give its cor-
porate undertaking to abide by and fulfill any judgment in any such
appeal or further proceedings.

(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
individuals, firm, or corporation, and such system or systems have
been offered as an inducement for the purchase of lot or land there-
in, 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 constructing 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 corpo-
ration 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 subheading; provided, however,
that no building or premises actually connected in an adequate man-
ner with the acquired system shall be required to pay any connection
charge.

(d)   Whenever there is in existence a privately-owned water sup-
ply or sewerage system which in the judgment of the Commission is
unsuitable in whole or in part, for incorporation into the Commis-
sion's system, the Commission may disregard the existence of said
system or unsuitable part thereof and extend its system to serve the
area tributary to the existing system or unsuitable part thereof, and
all the provisions of this subheading relating to systems constructed
by the Commission apply thereto.

10A-4.

(a) The Commission may purchase or acquire by gift any exist-
ing water, sewerage, or drainage systems, or parts thereof, including
those owned, operated by, or serving any municipality, or any land,
structure, buildings, stream bed, water rights, or watershed, either
in fee or as an easement, which in its judgment is desirable or neces-
sary for the purpose of providing adequate water, sewerage or drain-
age service for the residents of the county. Any such purchase is
subject to the approval of the County Commissioners and may be
made upon such terms and conditions as may be agreed upon, but
before any part of the purchase price is paid, other than a nominal
sum of money to bind the agreement, it is the duty of the vendor or


 

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Session Laws, 1968
Volume 683, Page 1185   View pdf image
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