HARRY HUGHES, Governor

4025

manner] as [it is authorized to acquire land by] PROVIDED IN
TITLE 2 OF this article.

3-107. Privately owned sections.

(A)  [In the condemnation of] IF A privately owned
water or sewerage [systems] SYSTEM IS THE SUBJECT OF A
CONDEMNATION PROCEEDING UNDER TITLE 2 OF THIS ARTICLE, [the]
A jury IN THE PROCEEDING shall:

(1)  [take into consideration] CONSIDER as a part
of [their] AN award any payment, contribution, or tax paid
by the respective lot owners or purchasers toward the
construction of the systems[,]; and

(2)  [where] IF the system [or systems have] HAS
been built in connection with and for the purpose of
developing home sites, subdivisions, or villages by any
[individual, firm, or corporation] PERSON and [such] THE
system [or systems have] HAS been offered as an inducement
for the purchase of lots or land [therein] TO BE SERVED BY
THE SYSTEM, [the jury shall] deduct from the determined
value of the plant or system [such] A sum [as it may] THAT
THE JURY reasonably [determine] DETERMINES was added to the
purchase price of the land or lots [in the sale thereof] for
the purpose of constructing the system.

(B)  (1) [Privately owned systems shall be taken under
the condemnation by the commission free and clear of all
debts and liens, but the commission] IF THE WSSC TAKES
PRIVATELY OWNED SYSTEMS BY CONDEMNATION, THE WSSC SHALL TAKE
THE SYSTEMS FREE AND CLEAR OF ALL DEBTS AND LIENS.

(2)  THE WSSC shall make a party defendant any
person[, firm or corporation having any] WHO HAS A record
lien or encumbrance against the [same] PRIVATELY OWNED
SYSTEM, and the circuit court [is hereby empowered and
authorized to] MAY determine the respective amounts due the
defendants[, and from and after].

(3)  AFTER the payment into court or to the
proper parties[, the commission]:

(I) THE WSSC [shall be authorized to] MAY
take possession of, maintain, and operate the PRIVATE
system[, whether private or municipal, as a part of its
general system,]; and

(II) [from the date of such payment all]
ALL properties along the line of any water main or sewer of
the PRIVATE system [so acquired] shall stand in the same
relation, bear the same benefit assessment, and be subject
to the same regulations and penalties[,] as though the
PRIVATE system [so acquired] had been constructed and put
into operation by the [commission] WSSC under the provisions
of this article[; provided, however, that no].