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Session Laws, 1981
Volume 741, Page 3072   View pdf image
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3072

LAWS OF MARYLAND

Ch. 805

examiner appointed by the council, to the commission for its
review and comment. The commission shall review each
application so referred to it and comment thereon, in
writing, to the appropriate district council, designee or
hearing examiner not later than fifteen days prior to the
regularly scheduled public hearing on the application. The
commission's report shall discuss the application as it
would affect any existing or proposed sewer or water
facilities or any other facilities under the jurisdiction of
the commission. The report shall include, but not be
limited to, an analysis of the probable impact upon existing
and proposed sewer or water or other facilities under the
jurisdiction of the commission in terms of treatment
facilities, sewer lines of both program and
less-than-program size, their respective design capacity and
present volume flow to capacity relationship, construction
schedules, and any proposed projects under the six-year
capital improvements program or ten-year water and sewerage
plan; provided, however, that with respect to any referred
application, the commission shall provide any supplemental
information which may be requested by the district council,
its designee or hearing examiner, not later than fifteen
days prior to the regularly scheduled public hearing on the
application or within fifteen days after receipt of the
request by the commission, whichever is later; and provided
further, that upon request of the district council, its
designee or hearing examiner, the commission shall make
available members of its staff or employees to appear before
the district council, its designee or hearing examiner, with
respect to the information which the commission is required
to provide under this section.

2-1. Condemnation; "advance taking."

(a) Whenever the commission has acquired or is
acquiring by purchase or other procedures, including the
condemnation procedures provided for in Article 33A of the
Annotated Code of Maryland and section [83-60] 1-3 of this
[subtitle] ARTICLE, one-half or more of the several takings
of land or interest in land required for the extension or
construction of a water supply, sanitary sewerage or
drainage project, as hereinafter defined, and it finds and
determines that the remaining number of takings of land or
interests therein is needed for [said] THE extension or
construction project, and the land is located in Prince
George's County, the commission is hereby authorized to
enter upon and take possession of such land or interests in
land in the aforegoing latter mentioned category and proceed
with the construction of [said] THE water supply, sanitary
sewerage or drainage project, provided the commission shall
first pay to the owner or owners of the land or interest in
land involved, or into the circuit court for Prince George's
county for his, her or their benefit, such sum as the
commission shall estimate to be the fair value of the
property being acquired by it, which estimate, however, may
not be less than the appraised value of the land or interest
therein being taken as evaluated by at least one experienced

 

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Session Laws, 1981
Volume 741, Page 3072   View pdf image
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