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Session Laws, 1971
Volume 707, Page 1075   View pdf image
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Marvin Mandel, Governor                        1075

it shall be the duty of the vendor or agent to furnish a statement
to [said commission] the Department setting forth all names and
addresses of persons having any interest or claims against said
property whatsoever, which shall be verified by an oath in writing.

(b)  Thereupon it shall be the duty of [said commission] the
Department
to notify personally or by registered mail, return re-
ceipt requested, all persons having any interest whatsoever in said
property, and in addition thereto the [commission] Department
shall give three weeks' notice of its intention to purchase said prop-
erty in a newspaper or newspapers published within said county
where the property is located, and each person having any claim
whatsoever against said property shall file its, his or her claim with
[said commission] the Department on or before the expiration date
mentioned in said notice, at which time any and all persons will
be heard and their rights determined by the [commission] Depart-
ment,
which said hearing shall be final. In the event of failure to
agree to the purchase price or condition of purchase of said water or
sewerage system, whether privately or municipally owned, the [said
commission] Department may acquire the same by condemnation in
the same manner as it is authorized to acquire land by this chapter.
In the condemnation of privately-owned water or sewerage systems
the jury shall take into consideration as a part of their award any
payment, contribution or tax upon the respective lot owners or pur-
chasers toward the construction of said system, and where said
system or systems have been built in connection with or for the
purpose of developing homesites, 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 lots 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.

(c)  Privately-owned systems shall be taken under said condem-
nation by the [commission] Department free and clear of all debts
and liens, but [said commission] the Department shall make a
party defendant any person, firm or corporation having any re-
corded 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] Department shall be
authorized to take possession of, maintain and operate said system,
whether private or municipal, as part of its general system, and
from the date of such payment all properties along the line of any
water main or sewer of the system as 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 [commission]
Department under the provisions of this subtitle; provided, how-
ever, that no building or premises actually connected in an adequate
manner with the said acquired system at the time of its purchase
shall be required to pay any connection charge. Whenever there is
in existence a privately owned water supply or sewerage system
which in the judgment of the [commission] Department is unfit,
as whole or in part, for incorporation with the [commission's]
Department's system, the [commission] Department shall disregard
the existence of said system or unfit part thereof and extend its

 

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Session Laws, 1971
Volume 707, Page 1075   View pdf image
 Jump to  
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