§ 38.03  CORPORATE POWERS; ACQUISITION OF PROPERTY; CONDEMNATION.
   The members of the Commission shall be a body corporate by the name of the “Upper Potomac River Commission,” with the right to use a common seal, to sue and be sued and to do any and all other corporate acts for the purpose of carrying out the provisions of this chapter. The Commission shall have the power and authority to regulate the flow of water in the Upper Potomac River and its tributary rivers and streams within the District and, in pursuance of such power, may erect, build, install and maintain dams, reservoirs and such other structures with appurtenances and machinery deemed necessary for regulating the flow of water of said rivers or streams within the District for the purpose of carrying out the provisions or intentions of this chapter, and may enter into contracts and agreements with any federal agency or state or county for the better control of such flow of water. The Commission shall have full power to take, acquire and hold any land, structures or buildings or any streambed, waterway, roadway, right-of-way, water rights or watershed, either in fee or as an easement, within the District deemed necessary to carry out the provisions or intentions of this chapter, for the construction, extension or maintenance of any dam, reservoir or appurtenances thereto, and may purchase the same from the owners thereof or, failing to agree with the owner or owners, may condemn the same by proceedings in the Circuit Court for the county in which the land, structures or buildings, streambeds, waterways, roadways, rights-of-way, water rights or watersheds are located as provided for condemnation of land by public-service corporations under the Public General Laws of Maryland, and the Commission may likewise purchase or condemn the interest of any tenant, lessee or other persons having an interest in the land, structures or buildings, stream-beds, waterways, roadways, rights-of-way, water rights or watersheds. At any time after 10 days after the return or recording of the verdict of award in any such condemnation proceedings, the Commission may enter and take possession of the property so condemned upon first paying to the Clerk of the Court in which the proceeding may be pending the full amount of the award and all costs taxed to date, notwithstanding any appeal or further proceeding upon the part of the defendant or defendants. At the time of the payment, however, it shall give its corporate undertaking to abide by and fulfill any judgment on such appeal or further proceeding. The Commission shall have power of condemnation over land, structure and other property as above set forth for the purpose of this chapter, whether the same shall be taken in its name or in the name of the state or federal agency providing the money under the contracts and agreements hereinafter referred to, but if the Commission, in the exercise of its powers as aforesaid, permanently interferes with the use of any public road or roads and bridges, as the same are now located, it will, in that event, at its own expense, provide such new road or roads and bridges as may be necessary at new locations to take the place of any of those whose use is permanently interfered with.
(1986 Code, § 114-3)  (1957 Code, § 520; 1935, Ch. 409, § 3)