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PARRIS N. GLENDENING, Governor
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Ch. 601
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thereof, or any sewage treatment plant, reservoir, water treatment plant, storage
tank, or pumping station or any surface water drainage facility or for the execution by
the County of any other power or function vested in it by this [subtitle] TITLE, the
County, if it be unable to acquire the property or right by purchase, may condemn the
property or right by proceedings in the Circuit Court for the county in which the
property or right is located, as provided for condemnation of land by public service
corporations in the Public General Laws of Maryland, now or hereafter in effect; and
the County may likewise condemn the interest of any tenant, lessee, or other person
having any right or interest in the property or right. At any time after ten days after
the return and recordation of the verdict or award in [such] A proceeding UNDER
THIS SECTION, the County may enter and take possession of the property so
condemned, upon first paying to the Clerk of the Court the amount of the award and
all costs taxed to that date, notwithstanding any appeal or further proceedings upon
the part of the defendant. At the time of [said] payment, however, the County shall
give its corporate undertaking to abide by and fulfill any judgment in any such appeal
or further proceedings provided, however, that the County shall have (1) no authority
to condemn, take or acquire any stream bed, waterway, water rights or drainage area
used by or for which plans are being made to be used by any municipal corporation
which existed on June 1, 1967, without the approval of such municipal corporation
and (2) no authority to condemn sewerage, water, or drainage systems owned and
operated by any municipal corporation which existed on June 1, 1967.
(b) In the condemnation of privately-owned water, sewerage or drainage
systems the jury shall take into consideration as a part of its award any payment,
contribution, or tax upon the respective lot owners or purchasers toward the
construction of [said] THE system, and where [said] THE system or systems have
been built in connection with or for the purpose of developing home sites,
subdivisions, or villages, or by any individuals, firm, or corporation, and [such] THE
system or systems have been offered as an inducement for the purchase of lot or land
therein, the jury shall deduct from the determined value of the plant or system
[such] A sum as it may reasonably determine was added to the purchase price of the
land or lots in the sale thereof for the purpose of constructing [said] systems.
(c) Privately-owned systems shall be taken under condemnation by the
County free and clear of all debts and liens, but the County shall make a party
defendant of any person, firm, or corporation having any recorded lien or
encumbrance against the [same] PRIVATELY-OWNED SYSTEMS, and the Circuit
Court may determine the respective amounts due the defendants; and from and after
payment into Court or to the proper parties as [hereinabove] provided IN THIS
SUBSECTION, the County is authorized to take possession of, maintain, and operate
the system, which shall be subject to the same regulations and penalties as though
the system so acquired had been constructed and put into operation by the County
under the provisions of the [subtitle] TITLE; provided, however, that no building or
premises actually connected in an adequate manner with an acquired water or
sewerage system shall be required to pay any connection charge.
(d) Whenever there is in existence a privately-owned water supply, sewerage
or drainage system which in the judgment of the Board is unsuitable in whole or in
part, for the incorporation into the County's system, the Board may disregard the
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- 3175 -
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