HARRY HUGHES, Governor 2045
[or right]. At any time after ten days after the return and
recordation of the verdict or award in such proceedings, the
[commission] COUNTY may enter and take possession of the
property so condemned, upon first paying to the cleric of the
court the amount of the award and all costs taxed to that
date, not withstanding 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.
(b) In the condemnation of privately—owned water,
DRAINAGE, or sewerage 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] THE system, and
where [said] THE 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 A 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 purpose of constructing [said] THE systems.
(c) Privately-owned systems shall be taken under
condemnation by the [commission] COUNTY free and clear of
all debts and liens, but the [commission] COUNTY shall make
a party defendant of any person, firm, or corporation having
any recorded lien or encumbrance against the same, and the
circuit court may determine the respective amounts due the
defendants; and from and after payment, into court or to the
proper parties as hereinabove provided, the [commission]
COUNTY is authorized to take possession of, maintain, and
operate the system, which shall be subject to the same
regulations and penalties as though the system so acquired
had been constructed and put into operation by the
[commission] COUNTY under the provisions of this
[subheading] CHAPTER; provided, however, that no building or
premises actually connected in an adequate manner with the
acquired WATER OR SEWERAGE system shall be required to pay
any connection charge.
(d) Whenever there is in existence a privately—owned
water supply, DRAINAGE, or sewerage system which in the
judgment of the [commission] BOARD is unsuitable in whole or
in part, for incorporation into the [commission's] COUNTY'S
system, the [commission] BOARD may disregard the existence
of [said] THE system or unsuitable part thereof and extend
its system to serve the area tributary to the existing
system or unsuitable part thereof, and all the provisions of
this chapter relating to systems constructed by the
[commission] COUNTY apply thereto.
[10A-4.] 10A-10.
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