ROBERT L. EHRLICH, JR., Governor

Ch. 277

authorizing certain associations to establish certain land classifications as a
basis for certain assessments; and generally relating to public drainage
associations.

BY repealing and reenacting, with amendments,
Article 25 - County Commissioners
Section 73(a), 82, and 96
Annotated Code of Maryland
(2001 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 25 - County Commissioners

73.

(a) All [persons] PERSONS, INCLUDING THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE, whose lands will derive benefit from the proposed
improvements shall contribute to the cost and expense of making the same; and the
said board of drainage viewers shall adjudge thereof, and shall assess against such
persons respectively a sum proportional to the benefits accruing to their lands. The
sums so assessed shall be sufficient, less such amounts as may be received from the
county commissioners or from any other source, to cover the costs of constructing or
improving such ditches or drains or other drainage works, the payment of damages
awarded (if any), the payment of compensations for adopted improvements previously
constructed (if any), the expenses of the board of drainage viewers, and the costs of
forming the drainage organization.

82.

(a)     At the request of the board of managers of a drainage association, the
board of county commissioners shall appoint a board of viewers to determine if the
original determination as to which lands have benefited from the improvements has
changed.

(b)     The board of viewers shall have the same qualifications, rights, powers,
privileges, and duties as the original board of viewers.

(c)      (1) The board of viewers shall report its findings to the board of county
commissioners.

(2) The report shall be considered in the same manner as the original
report, including the same right to a public hearing and the right to judicial review.

(d)     Any revision in the original determination as to which [lands] LANDS,
BOTH PUBLIC AND PRIVATE, benefit from the improvements shall become the basis
for all future assessments for paying for the improvements, including related
expenses such as damages, and the maintenance of the improvements.

(e)     Notwithstanding the requirements of this section, the board of managers
of a drainage association, at any time after the creation of a drainage association, may

- 2229 -