(a) Whenever it is deemed necessary by the county to take or acquire any land, structure, or building, or any stream bed, waterway, water rights, or watershed, either in fee or as an easement, within or without Frederick 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 any solid waste facility or for the execution by the county of any other power or function vested in it by this chapter, the county, if it be unable to acquire the property of 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 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. At any time after ten (10) days after the return and recordation of the verdict or award in such proceedings, 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.
(b) In the condemnation of privately-owned water, drainage, or sewerage 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 such system or systems have been offered as an inducement for the purchase of a lot or land therein, the jury shall deduct from the determined value of the plan or system such 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 the 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, 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 herein above provided, 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 this chapter; provided, however, that no building or premises actually connected in an adequate manner with the acquired water or sewerage system shall be required to pay any connection charge.
(d) Whenever there is in existence a privately- owned water supply, drainage or sewerage system which in the judgment of the board is unsuitable in whole or in part for incorporation into the county’s system, the board may disregard the existence of the system or unsuitable part thereof and extend its system to serve the area tributary to the existing system or unsuitable part thereof and all the provisions of this chapter relating to systems constructed by the county apply thereto.
(Code 1959, § 10A-9; 1968, Chapter 609, § 1; 1979, Chapter 723, § 1; 1991, Chapter 194, § 1)
Editor’s note:
Ch. 723 of the 1979 Acts designated the above section as section 10A-9 of the 1959 county code; however, such section constitutes an amendment and renumbering of former section 10A-3 of the 1959 Code.