HARRY HUGHES, Governor

1191

it is feasible to take the road into the county road system
and to undertake the road construction or repair project;
and whether upon completion of the project the road can be
taken into the county road system in accordance with
subsection (d). The Commissioners shall also determine
whether to proceed with plans and specifications and shall
set a date for final hearing which date may only be changed
provided notice is given in accordance with this subsection.

(c) At the final hearing, the Commissioners shall
establish the district and designate the area included
within the district. The project scope, cost estimate, and
estimated individual levies shall be provided. The estimated
individual levies shall be based on the benefits accruing to
each of the lots or parcels of land in the road construction
district to the extent it is benefitted by the said road
construction. The costs shall be paid back to the county by
the property owners within a period of time [and at a rate
of interest] to be determined by the County Commissioners.
THE COUNTY COMMISSIONERS SHALL DETERMINE WHETHER INTEREST IS
TO BE CHARGED AND, IF SO, THE RATE OF INTEREST. If the
County Commissioners determine to proceed, they shall
advertise for bids in the proper manner and let the contract
to the lowest responsible bidder. Upon completion of the
project, the Commissioners are empowered and directed to fix
and levy a benefit charge upon all real property in the
district. The benefit charge shall be sufficient to meet the
costs of the project, including interest paid if a debt is
created by the County Commissioners [or interest at the
prime rate as of the date funds are advanced if funds are
advanced by the county, plus one half of 1 percent per year
of funds borrowed or advanced to cover] AND administrative
costs including notices to property owners and
advertisements. The benefit charge shall be a lien upon the
real property against which it is assessed and shall be paid
annually as county taxes are required to be paid, by all the
owners of lots or parcels of land in the district for the
period of time previously established by the County
Commissioners.

(D) THE COUNTY COMMISSIONERS HAVE FULL POWER TO AGREE
AND CONTRACT WITH OWNERS FOR THE PURCHASE OF LAND REQUIRED
FOR USE IN CONNECTION WITH THE ROAD CONSTRUCTION DISTRICT.

(d) (E) Upon completion of the road construction
project to county specifications the road shall be taken
into the county road system. This shall be accomplished by
the execution of deeds by all of the fee simple property
owners.

(e) (F) The minimum right-of-way which may be
purchased under this section is 30 feet.

(f) In the event of a condemnation proceeding three
independent property appraiser shall be appointed at the
expense of the county.