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State Statutes - Maryland - Article Washington Suburban Sanitary District - (g29) - Section 2-104
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Section 2-104

      (a)      (1)      The WSSC's right to enter and take possession of the land or interest in the land in the circumstances and on the conditions stated in this section begins immediately on the filing of a written declaration of taking in the Circuit Court for Prince George's County, accompanied by the estimated payment.

            (2)      (i)      The declaration of taking may be combined with a petition for condemnation, either filed simultaneously with or as part of the same pleading, or filed after a petition for condemnation.

                  (ii)      The WSSC's right to enter and take possession of the land or interest in the land is effective on the filing of the pleading if accompanied by the estimated payment provided for in § 2-103 of this title.

            (3)      The declaration of taking shall:

                  (i)      Include a WSSC statement as to the number of takings in land or interests in land necessary for the construction of the water supply, sanitary sewerage, or drainage project;

                  (ii)      Include a statement that the WSSC has acquired or is acquiring by purchase or by procedures other than the declaration of taking method at least one-half or more of the takings needed for the construction project;

                  (iii)      Contain a description of the land or interest in land being taken;

                  (iv)      Name the WSSC as plaintiff and the owner of the land or interests in lands as defendant;

                  (v)      Be docketed as a law case by the clerk of the circuit court, unless the petition for condemnation is on file or filed simultaneously with the declaration of taking; and

                  (vi)      Identify the qualified appraiser and specify the estimated valuation required by § 2-103 of this title.

      (b)      (1)      Notice of and service on the owner of the declaration of taking shall be accomplished in the same manner as is provided for petitions for condemnation.

            (2)      The date of filing the declaration of taking, accompanied by the payment required under § 2-103 of this title, shall in any subsequent proceeding be the operative date of the taking with respect to the determination of the fair value of the land or interest in the land taken and damages, if any, occasioned by the taking.


 
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