3388

LAWS OF MARYLAND

[Ch. 790

Local Laws of Maryland (1972 Edition and 1974 Supplement,
as amended) being also Section 83—60A of the Public Local
Laws of Prince George's County being Article 17 of the
Code of Public Local Laws of Maryland (1963 Edition and
1967 Supplement, as amended) be and [[they are]] it is
hereby added to read as follows:

Washington Suburban Sanitary District Code

2-2. CONDEMNATION: "ADVANCE TAKING ALTERNATIVE" IN
MONTGOMERY COUNTY.

(A)   AUTHORIZATION. PURSUANT TO AUTHORITY PROVIDED
IN SECTION 40D of Article [[111]] III OF THE CONSTITUTION
OF MARYLAND, THE MONTGOMERY COUNTY [[COUNCIL MAY]]
GOVERNMENT IS HEREBY AUTHORIZED TO ENACT LOCAL
LEGISLATION WHICH SHALL BE EFFECTIVE ONLY IF ENACTED BY
JANUARY 1, 1976, PROVIDING FOR THE TAKING BY THE
COMMISSION OF LAND OR INTERESTS IN LAND LOCATED IN
MONTGOMERY COUNTY NEEDED IMMEDIATELY IN ACCORDANCE WITH
THE COUNTY'S ADOPTED TEN YEAR WATER AND SEWERAGE PLAN AND
ADOPTED CAPITAL IMPROVEMENTS PROGRAM FOR THE CONSTRUCTION
OF WASTEWATER TREATMENT FACILITIES, INCLUDING DELIVERY
FACILITIES, OR FOR WATER SUPPLY AND/OR SANITARY SEWERAGE
PROJECTS REQUIRED FOR THE CORRECTION OF IMMEDIATE HEALTH
PROBLEMS. LEGISLATION ENACTED BY THE COUNTY [[COUNCIL]]
PURSUANT TO THIS SECTION SHALL INCLUDE, AT A MINIMUM, THE
PROCEDURE AND REQUIREMENTS SET FORTH IN THIS SECTION.

(B)   PROCEDURE. THE FOLLOWING PROCEDURE SHALL TAKE
EFFECT ONLY AFTER IT IS ENACTED AS LOCAL LEGISLATION BY
THE MONTGOMERY COUNTY COUNCIL.

(1) WHENEVER, IN THE JUDGMENT OF THE
COMMISSION, LAND OR INTERESTS IN LAND LOCATED IN
MONTGOMERY COUNTY IS NEEDED IMMEDIATELY IN ACCORDANCE
WITH THE COUNTY'S ADOPTED TEN YEAR WATER AND/OR SEWERAGE
PLAN AND ADOPTED CAPITAL IMPROVEMENTS PROGRAM FOR THE
CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES,
INCLUDING DELIVERY FACILITIES, OR FOR WATER SUPPLY AND
SANITARY SEWERAGE PROJECTS REQUIRED FOR THE CORRECTION OF
IMMEDIATE HEALTH PROBLEMS, AND GOOD FAITH NEGOTIATIONS
WITH [[AFFECTED PROPERTY]] THE OWNER OR [[PROPERTY]]
OWNERS OF THE PROPERTY HAVE FAILED, THE COMMISSION MAY
ADOPT A RESOLUTION PROPOSING TAKING OF THE LAND OR
INTERESTS IN LAND. THE RESOLUTION SHALL SPECIFY THAT
IMMEDIATE POSSESSION OF THE LAND OR INTERESTS IN LAND IS
REQUIRED IN ACCORDANCE WITH THE COUNTY'S ADOPTED TEN YEAR
WATER AND/OR SEWERAGE PLAN AND ADOPTED CAPITAL
IMPROVEMENTS PROGRAM FOR THE CONSTRUCTION OF WASTEWATER
TREATMENT FACILITIES, INCLUDING DELIVERY FACILITIES, OR
FOR WATER SUPPLY AND SANITARY SEWERAGE PROJECTS REQUIRED
FOR THE CORRECTION OF IMMEDIATE HEALTH PROBLEMS. THIS