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Session Laws, 1982
Volume 742, Page 2321   View pdf image
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HARRY HUGHES, Governor

2321

(1) BY EXERCISE OF THE POWER OF EMINENT DOMAIN
AS PROVIDED IN TITLE 12 OF THE REAL PROPERTY ARTICLE, THE
DISTRICT MAY ACQUIRE RIGHTS IN AN INDEPENDENT SYSTEM IF THE
OWNER OF THE INDEPENDENT SYSTEM:

(I) HAS REJECTED AN OFFER MADE UNDER THIS
SECTION; OR

(II)  HAS NOT ACCEPTED, WITHIN 90 DAYS OF
THE OFFER, AN OFFER MADE UNDER THIS SECTION.

(2) THE DISTRICT MAY NOT ACQUIRE; A MUNICIPAL
SYSTEM UNDER THE POWER OF EMINENT DOMAIN.

(G) EFFECT OF ACQUISITION.

(1) WHEN THE DISTRICT HAS PAID THE PURCHASE
PRICE OR CONDEMNATION AWARD:

(I) THE RIGHTS OF THE DISTRICT WITH
RESPECT TO THE ACQUIRED SYSTEM ARE THE SAME AS IF THE
DISTRICT HAD ITSELF BUILT THAT SYSTEM; AND

(II) EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBSECTION, ALL PARCELS OF PROPERTY SERVED BY THE ACQUIRED
SYSTEM ARE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE AS IF
THE DISTRICT HAD ITSELF BUILT THE SYSTEM.

(2) A PERSON WHOSE PARCEL WAS CONNECTED PROPERLY
TO A MUNICIPAL SYSTEM OR INDEPENDENT SYSTEM AT THE TIME THE
DISTRICT ACQUIRED THAT SYSTEM IS NOT REQUIRED TO PAY A
CONNECTION CHARGE TO THE DISTRICT FOR CONNECTION TO THAT
PARCEL.

(H) USE OF PURCHASE MONEY BY MUNICIPALITY.

A MUNICIPALITY MAY USE FUNDS RECEIVED FROM THE DISTRICT
UNDER THIS SECTION:

(1) TO REDEEM, BUY, OR PAY THE PRINCIPAL AND
INTEREST ON BONDS ISSUED FOR THE MUNICIPAL SYSTEM; AND

(2) TO PAY ANY OTHER DEBT OUTSTANDING AGAINST
THE MUNICIPAL SYSTEM.

(I) PROHIBITION ON ACQUISITION OF UNFIT SYSTEMS.

THIS SECTION DOES NOT AUTHORIZE THE ACQUISITION OF ANY
PART OF A MUNICIPAL SYSTEM OR INDEPENDENT SYSTEM THAT:

(1) IS CONSTRUCTED IMPROPERLY;

(2) DOES NOT HAVE SUFFICIENT CAPACITY; OR

 

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Session Laws, 1982
Volume 742, Page 2321   View pdf image
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