MARVIN MANDEL, Governor                             2333

to his lands, the board of watershed directors may
condemn rights—of-way, easements, and other property
rights necessary for carrying out the works of
improvement, and the procedure shall be as provided for
in Title 12 of THE REAL PROPERTY Article [21] of [this]
THE Code, and the damages awarded as compensation shall
be paid by the board of directors in lien of the damages
awarded by the watershed viewers. nothing in this
subtitle authorizes the use of eminent domain proceedings
to acquire the right to use water separate and apart from
the land to which it is incident.

SECTION 5. AND BE IT FURTHER ENACTED, That Sections
410, 650(b)(8), 666A, of Article 43 - Health, of the
Annotated Code of Maryland (1971 Replacement Volume and
1973 Supplement) be and they are hereby repealed and
re—enacted, with amendments, to read as follows:

Article 43 - Health
410.

Said municipal authorities, wherever they deem it
necessary may take or acquire any land, structures,
buildings, watercourses, water rights or other property,
either within or outside of the municipality, either in
fee or as an easement, for the construction,
establishment, extension, alteration, maintenance or
operation of any part or appurtenance of said water
supply, sewerage, drainage or refuse disposal system,
this to be done by the purchase of the same from the
owner or owners, or upon the failure to agree, by the
condemnation of the same by proceedings in the circuit
court for the county in which the said land, structures,
watercourses, water rights or property are located, as
now provided for condemnation of land by public service
corporations in Title 12 of THE REAL PROPERTY Article
[21] of [this] THE Code, and the authorities may at the
same time condemn the interest of any tenant, lessee or
other person having an interest in said property. At any
time after ten days after the return and recordation of
the verdict and award in the proceedings, the authorities
may enter upon and take possession of said property so
condemned, upon first paying to the clerk of the court
the amount of the award, and all costs and taxes to date,
notwithstanding any appeal or further proceeding upon the
part of the defendant. At the time of said payment,
however, any authority shall give its corporate
undertaking to abide by and fulfill any judgment on the
appeal or further proceedings.

650(b).

(8) To acquire by gift, purchase or by the exercise