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1967, ch. 754, sec. 439E; 1976 Code, sec. 15-5; 1978, ch. 739; 2000, ch. 601.
(a) Whenever it is deemed necessary by the County to take or acquire any land, structure, or buildings, or any stream bed, waterway, water rights, or watershed, either in fee or as an easement, within or without Carroll County, for the construction, extension or maintenance of any water main, sewer, or appurtenance 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 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 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 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 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 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 the system, and where 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 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 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 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 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 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 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 existence of the system or unsuitable part of the system and extend its system to serve the area tributary to the existing system or unsuitable part of the system, and all the provisions of this title relating to systems constructed by the County apply thereto.
1967, ch. 754, sec. 439F; 1976 Code, sec. 15-6; 1978, ch. 739; 2000, ch. 601.
(a) The County may purchase or acquire by gift any existing water, sewerage, or drainage systems, or parts, including those owned, operated by, or serving any municipality, or any land, structure, buildings, stream bed, water rights, or watershed, either in fee or as an easement, which in its judgment is desirable or necessary for the purpose of providing adequate water, sewerage or drainage service or any of them for the residents of the service area. Any such purchase may be made upon such terms and conditions as may be agreed upon, but before any part of the purchase price is paid, other than a nominal sum of money to bind the agreement, it is the duty of the vendor or agent to furnish a statement to the Board setting forth all names and addresses of persons having any interest or claims against the property whatsoever, which shall be verified by an oath in writing.
(b) Thereupon it is the duty of the Board to notify personally or by certified or registered mail, return receipt requested, all persons having any interest in the property, and in addition the Board shall give three weeks’ notice of the Board’s intention to purchase the property, in a newspaper or newspapers published within the service area where the property is located; and each person having any claim against the property shall file the person’s claim with the Board on or before the expiration date mentioned in the notice at which time any and all persons shall be heard.
(c) Any municipality whose system or any portion of the system is acquired by the County by purchase may use the amount paid to the municipality for the system for the purchase or redemption of any bonds or debt which may be outstanding against the municipality; or the County, as part of the purchase price of the system, may assume the payment of any such bond or debt. The County may purchase any existing water, sewerage or drainage systems, in whole or in part, which are necessary or desirable for the purpose of carrying out the powers vested in it by this title.
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