|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
907
|
|
|
|
|
HARRY HUGHES, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FOR the purpose of permitting agents and employees of the St.
Mary's County Metropolitan Commission to enter private land
under certain circumstances to make test borings and soil
tests and to collect information for certain purposes
related to public water supply and sewerage systems;
permitting the Commission to seek a court order to permit
entry onto private land under certain circumstances;
creating a cause of action for damage done to private
property by persons entering private land under the
authority of this Act; permitting punishment for contempt of
court in certain circumstances; and generally relating to
agents and employees of the St. Mary's County Metropolitan
Commission entering private land.
BY adding to
The Public Local Laws of St. Mary's County
Section 113-5 D.
Article 19 - Public Local Laws of Maryland
(1978 Edition and October 1982 Supplement, as amended)
|
|
|
|
|
|
|
|
|
|
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 19 - St. Mary's County
113-5.
D. (1) FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF
SUBSECTION A. OF THIS SECTION, AFTER BONA FIDE EFFORTS TO NOTIFY
THE OWNER AND OCCUPANT, AN AGENT OR EMPLOYEE OF THE COMMISSION
MAY ENTER ON ANY PRIVATE LAND TO MAKE TEST BORINGS AND SOIL TESTS
AND OBTAIN INFORMATION RELATED TO THE TESTS FOR THE PURPOSE OF
DETERMINING SOIL CHARACTERISTICS AND SUITABILITY OF THE SURFACE
AND SUBSURFACE OF THE LAND FOR THE INSTALLATION OF PUBLIC WATER
SUPPLY OR SEWERAGE SYSTEMS.
(2) IF AN AGENT OR EMPLOYEE IS REFUSED PERMISSION TO
ENTER OR REMAIN ON PRIVATE LAND FOR THE PURPOSES AUTHORIZED BY
PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSION MAY APPLY TO THE
ST. MARY'S COUNTY CIRCUIT COURT FOR AN ORDER DIRECTING THAT ITS
AGENT OR EMPLOYEE, BE PERMITTED TO ENTER AND REMAIN ON THE LAND
TO THE EXTENT NECESSARY TO CARRY OUT THE PURPOSES AUTHORIZED BY
THIS SUBSECTION. THE COURT MAY REQUIRE THAT THE COMMISSION POST
A BOND IN AN AMOUNT SUFFICIENT TO REIMBURSE ANY PERSON FOR
DAMAGES REASONABLY ESTIMATED TO BE CAUSED BY TEST BORINGS, SOIL
TESTS, AND RELATED ACTIVITIES.
(3) IF ANY PERSON ENTERS ON ANY PRIVATE LAND UNDER
THE AUTHORITY OF THIS SUBSECTION OR OF ANY COURT ORDER PASSED
PURSUANT TO IT AND DAMAGES OR DESTROYS ANY LAND OR PERSONAL
PROPERTY ON IT, THE OWNER OF THE PROPERTY HAS A CAUSE OF ACTION
FOR DAMAGES AGAINST THE COMMISSION.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
