Ch. 738

1994 LAWS OF MARYLAND

watercourses, and setting forth therein, as far as practicable, the starting point, route and
terminus and lateral branches, if necessary, of the proposed improvement, and there is
filed therewith a bond for the amount of fifty dollars per mile for such mile of the ditch
or proposed improvement, signed by two or more sureties or by some lawful and
authorized surety company, to be approved by the board of county commissioners and
conditioned for payment of all costs and expenses incurred in the proceedings in case the
board does not grant the prayer of said petition, the said clerk shall issue a summons to
be served on all the defendant landowners who have not joined in the petition and whose
lands are included in the proposed drainage districts. The summons may be served by
publication as to any defendants who cannot be personally served as provided by law.
When a mortgage is held on land within the proposed drainage district, notice shall be
given to the holders of mortgages in all respects as is provided in §§ [96 — 122] 103
THROUGH 121H for defendant landowners, and they shall have the right to appear before
the commissioners in person or by counsel. Upon the return day the said board of county
commissioners shall appoint a disinterested and competent civil and drainage engineer
who shall be recommended by the State drainage engineer (or if there is no drainage
engineer then by the State roads engineer), and two resident freeholders of the county or
counties in which said lands are located as a board of viewers to examine the lands
described in the petition and make a preliminary report thereon. When the lands
proposed to be drained and created into a drainage district are located in two or more
counties the board of county commissioners of either county shall have and exercise the
jurisdiction herein conferred, and the venue shall be in that county in which the petition
is first filed.

98.

The board of viewers appointed under § [97] 104 shall at once proceed to make a
careful and thorough examination of the lands described in the petition, and other land if
necessary to locate properly such improvement or improvements as are petitioned for,
along the route described in the petition or any other route answering the same purpose
if found more practicable or feasible, and shall see that the lands of all who desire to
come within the drainage district have been included within said district, and they may
make surveys necessary to determine the boundaries and elevation of the several parts of
the district, and to enable them to form a tentative plan for development, and shall make
and return to the clerk of the board of county commissioners, to be placed on public file
in his office within thirty days, unless the time shall be extended by the board, a written
report which shall set forth:

(1)     Whether the proposed drainage is practicable or not.

(2)     Whether it will benefit the public health or any public highway or be
conducive to the general welfare of the community.

(3)     Whether the improvement proposed will benefit the lands in question
sufficiently to warrant the probable expenditure.

(4)     Whether or not all the lands that will be benefited are included in the
proposed drainage district.

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