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State Statutes - Maryland - Article Washington Suburban Sanitary District - (g29) - Section 2-103
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Section 2-103

      (a)      (1)      If the WSSC has acquired or is acquiring by purchase or other procedure, including the condemnation procedures provided for in the Real Property Article and § 1-202 of this article, one-half or more of the takings of land or interest in land required for the extension or construction of a water supply, sanitary sewerage, or drainage project, and the WSSC finds and determines that the remaining number of takings of land or interests in land are needed for the extension or construction project, the WSSC may enter on and take possession of the remaining land or interests in land and proceed with the construction of the water supply, sanitary sewerage, or drainage project.

            (2)      However, the WSSC first shall pay to the owner of the land or interest in land involved, or to the Circuit Court for Prince George's County for the owner's benefit, a sum that the WSSC estimates to be the fair value of the property being acquired by the WSSC.

            (3)      The estimate may not be less than the appraised value of the land or interest in land being taken as evaluated by at least one experienced and qualified appraiser, whose qualifications as an appraiser have been accepted by a court of record of this State.

            (4)      The payment to the property owner or to the court for the owner's benefit does not limit the amount which may finally be awarded in subsequent condemnation proceedings with respect to the land or interests in land so taken.

      (b)      A building may not be taken under the provisions of this section.

      (c)      (1)      If the money is paid into the court for the benefit of the owner of the land or interests in land involved, the property owner, on written request to the clerk of the court, may receive the sum paid without prejudice to any of the owner's rights, if the property owner agrees to pay back to the WSSC the difference, if any, between the sum and the final award.

            (2)      If the WSSC and the owner of the land or interests in land being taken are unable to agree as to the compensation and damages, if any, caused by the taking, the WSSC shall institute condemnation proceedings in the manner prescribed by the Real Property Article.

            (3)      If the condemnation proceedings are not instituted at the same time as the WSSC pays the money to the owner or to the court for the owner's benefit, the WSSC shall institute proceedings not later than 30 days after receipt of notice from the property owner that the disagreement exists.

            (4)      The court shall hear and determine the proceedings as soon as practicable after the application to the court.

            (5)      The intent of this section is to provide that in emergencies land or interests in land may be condemned by the WSSC, in its discretion, before or after construction of the water supply, sanitary sewerage, or drainage system, or part of the system has begun subject to the prohibition against the taking of any building under the optional procedure provided by this section.


 
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