Sec. 49-34. Construction by County.

   (a)    The County must not construct any road unless:

      (1)   the County has previously acquired the right-of-way for the road, or the right-of way has been dedicated to public use by appropriate recording in the County land records; and

      (2)   the cost of the road will be charged against the benefitted property in accordance with Sections 49-51 to 49-61 and subsection (c) of this Section.

   (b)   Nothing in this Article prohibits the County from constructing a road under a contract with a municipality or an agreement between the County and another government agency.

   (c)    If a road is constructed as a “front foot assessment” project under Sections 49-51 to 49-61, the cost chargeable and assessed to the benefitted abutting properties must be all costs of construction, including costs of design and of acquiring land or any interest in land for right-of-way.

   (d)    All costs in excess of the special benefit to the abutting property or otherwise waived in this Article must be borne by the County.

   (e)   The County Executive may authorize the construction of sidepaths or sidewalks to serve general community needs. Whenever a sidewalk or sidepath is built in a right-of-way where there is no pavement or other road construction, building the sidewalk or sidepath does not mean that the County is responsible for maintaining any part of the right-of-way except the sidewalk or sidepath. (Mont. Co. Code 1965, § 103-15; 1971 L.M.C., ch. 3, § 46; 1976 L.M.C., ch. 16, § 2; 2001 L.M.C., ch. 28, §§ 9, 15 and 16; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, § 1.)

   Editor’s note—This section was interpreted in Montgomery County v. Edward W. Shultz, et al., 302 Md. 481, 489 A.2d 16 (1985) and cited in Montgomery County v. Schultze, 57 Md.App. 781, 471 A.2d 1129 (1984). In Montgomery County Council v. Summers, 274 Md. 110, 332 A.2d 646 (1975) it was held that the mode of assessment was a legislative question [formerly §103-15(b)(1)]. The above section is cited in County Council v. Lee, 219 Md. 209, 148 A.2d 568 (1959) [formerly §93-13]. The validity of the above section was upheld in Silver Spring Memorial Post, V.F.W. v. Montgomery County, 207 Md. 442, 115 A.2d 249 (1956).

   Section 49-34, formerly Section 49-37, was renumbered and amended pursuant to 2007, ch. 8, § 1. Former Section 49-34 was renumbered Section 49-31 pursuant to 2007, ch. 8, § 1.

   The effective date of the amendments made to this section by 2001 L.M.C., ch. 28, § 9, is the same effective date as 1977 L.M.C., ch. 39, recodified in 1986 L.M.C., ch. 37.