2170

LAWS OF MARYLAND

Ch. 739

15-5.

(a)    Whenever it is deemed necessary by the
[Commission] COUNTY to take or acquire any land, structure,
or buildings, or any stream bed, waterway, water rights, or
watershed, either in fee or as an easement, within or
without Carroll County, for the construction, extension or
maintenance of any water main, sewer, or appurtenance
thereof, or any sewage treatment plant, reservoir, water
treatment plant, storage tank, or pumping station OR ANY
SURFACE WATER DRAINAGE FACILITY or for the execution by the
[Commission] COUNTY of any other power or function vested in
it by this subtitle, the [Commission] COUNTY, if it be
unable to acquire the property or right by purchase, may
condemn the property or right by proceedings in the Circuit
Court for the county in which the property or right is
located, as provided for condemnation of land by public
service corporations in the Public General Laws of Maryland,
now or hereafter in effect; and the [Commission] COUNTY may
likewise condemn the interest of any tenant, lessee, or
other person having any right or interest in the property or
right. [The power of condemnation provided for by this
subtitle shall not be exercised unless it shall have been
first approved by a resolution of the Board.] At any time
after ten days after the return and recordation of the
verdict or award in such proceeding, the [Commission] COUNTY
may enter and take possession of the property so condemned,
upon first paying to the Clerk of the Court the amount of
the award and all costs taxed to that date, notwithstanding
any appeal or further proceedings upon the part of the
defendant. At the time of said payment, however, the
[Commission] COUNTY shall give its corporate undertaking to
abide by and fulfill any judgment in any such appeal or
further proceedings provided, however, that the [Commission]
COUNTY shall have (1) no authority to condemn, take or
acquire any stream bed, waterway, water rights or drainage
area used by or for which plans are being made to be used by
any municipal corporation [existing] WHICH EXISTED on June
1, 1967, without the approval of such municipal corporation
[and the Board] and (2) no authority to condemn sewerage,
water, or drainage [facilities] SYSTEMS owned and operated
by any municipal corporation [existing] WHICH EXISTED on
June 1, 1967.

(b)    In the condemnation of privately-owned water,
[or] sewerage OR DRAINAGE 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 purpose 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 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 the land or lots in the sale thereof for the