3068

LAWS OF MARYLAND

Ch. 805

provisions of section [83-67 (section 73-49, Montgomery
County Code)] 4-5 of this [subtitle] ARTICLE, produce an
amount sufficient to satisfy [said] THE judgment or other
sum including costs and counsel fees, if any, provided,
however, that this provision shall relate only to any cause
of action occurring subsequent to April 26, 1927. Whenever
it shall be deemed necessary by [said] THE commission to
take or acquire any land, structures or buildings, or any
stream bed, waterway, water rights, or watershed, either in
fee or as an easement, within or without the sanitary
district, for the construction, extension or maintenance of
any water main, sewer, or appurtenance of such main or
sewer, or for any sewage disposal plant, reservoir, water
purification plant, tank or pumping station, or, for the
construction, extension or maintenance of any project it may
deem necessary for carrying out the provisions of this
[subtitle] ARTICLE, [said] THE commission may purchase the
same from the owners or failing to agree with the owner or
owners thereof, may condemn the same by proceedings in the
circuit court for the county in which [said] THE land,
structures or buildings, stream bed, waterway, water rights,
or watershed are situated, as now provided for condemnation
of land under Article 33A of the Public General Laws of
Maryland; provided, however, that land used for cemetery
purposes may not be condemned until and unless the
commission shall have first adopted a resolution, on the
affirmative vote of a majority of the commission members
from the county wherein such cemetery land is located,
declaring that it is necessary for the public health and
safety to acquire the same, or an easement therein,
immediately by condemnation, and, in that event, land used
for cemetery purposes, either public or private, or an
easement therein may be condemned provided the land or
easement sought to be acquired by the commission is for the
purpose of the installation of sewer lines, storm drainage
lines or water lines, which [said] lines shall be
constructed below the surface of the earth and enclosed; and
further provided that the land or easement to be acquired
shall not disturb any existing grave, grave marker or
monument, or any grave site the title to which has been
transferred as a result of a bona fide sale or exchange or
in which burial rights have vested or been transferred as a
result of a bona fide sale or exchange, and [said] THE
commission may likewise condemn the interest of any tenant,
lessee, or other person having an interest in [said] THE
land, structure or buildings, stream bed, waterway, water
right or watershed.

1-4. Capital and operating budgets.

(a) The commission, prior to January 15 of each year,
shall cause to be prepared capital and operating budgets for
the succeeding fiscal year, and the budgets shall be open
for inspection by the public and copies shall be made
available to the public upon request. The commission shall
hold, prior to February 15 of each year, a public hearing on
the proposed budgets after giving at least 21 days' notice