Ch. 470                             MARVIN MANDEL, Governor                                1047

jurisdiction of any other district or in the vicinity thereof, when the property
owners of [said] THE area [shall] agree to the charges, assessments and
conditions that may be imposed by the commission as hereinbefore outlined. When
an offer by the commission to purchase in the manner provided under § 665 of this
subtitle, a water or sewerage system constructed under the provisions of this
section, is rejected or not accepted within ninety (90) days by the developer or
builder, the commission shall have the right to proceed in condemnation under the
provision of [Article 33A] TITLE 12 OF ARTICLE 21 OF THIS CODE.

666A.

Whenever it [shall be] IS deemed necessary by the commission to take or
acquire any land, structures or buildings, or any stream bed, waterway, water
rights, or watershed, either in fee or as an easement, within or without a district,
for the construction, extension or maintenance of any water main, sewer, or
appurtenance of [such] A main or sewer, or for any sewage disposal plant,
reservoir, water purification plant, tank or pumping station, or for the
construction, extension or maintenance of any project it may deem necessary for
carrying out the provisions of this subtitle, the commission may purchase the same
from the owners or failing to agree with the owner or owners thereof, may
condemn the same by proceedings in the circuit court for the county in which said
land, structures or buildings, stream bed, waterway, water rights, or watershed are
situated, as [now] provided for condemnation of land under [Article 33A of the
Annotated] TITLE 12 OF ARTICLE 21 OF THIS Code [of Maryland (1957
Edition), as from time to time amended]; provided, however, that land used for
cemetery purposes may not be condemned until and unless the commission shall
have first adopted a resolution, on the affirmative vote of a majority of the
commission members from the county wherein such cemetery land is located,
declaring that it is necessary for the public health and safety to acquire the same,
or an easement therein, immediately by condemnation; and, in that event, land
used for cemetery purposes, either public or private, or an easement therein may
be condemned provided the land or easement sought to be acquired by the
commission is for the purpose of the installation of sewer lines or water lines,
which [said 1 lines shall be constructed below the surface of the earth and enclosed;
and further provided that the land or easement to be acquired shall not disturb any
existing grave, grave marker or monument, or any grave site the title to which has
been transferred as a result of a bona fide sale or exchange or in which burial
rights have vested or been transferred as a result of a bona fide sale or exchange,
and [said] THE commission may likewise condemn the interest of any tenant,
lessee, or other person having an interest in [said] THE land, structure or
buildings, stream bed, waterway, water right or watershed.

Article 44A.
13.

An authority [shall have the right to] MAY acquire by the exercise of the
power of eminent domain any real property which it [may deem] DEEMS
necessary for its purposes under this article after the adoption by it of a resolution
declaring that the acquisition of the real property described therein is necessary for
[such] THOSE purposes. An authority may exercise the power of eminent domain
in the manner provided in [Article 33A of the] TITLE 12 OF ARTICLE 21 OF
THIS Code [of Public General Laws of Maryland and acts amendatory thereof or
supplementary thereto]; or it may exercise the power of eminent domain in the
manner provided by any other applicable statutory provisions for the exercise of
the power of eminent domain. Property already devoted to a public use may be
acquired in like manner, provided that no real property belonging to the city, the
State [of] OR any political subdivision thereof may be acquired without its