(a) (1) Except for the Housing Opportunities Commission of Montgomery County,
when the State, a county, a municipal corporation, or a commission,
board, or agency of the State or a county acquires for public use
property that is subject to a benefit charge levied by the WSSC, the
benefit charge shall be paid and extinguished by the payment to the
WSSC of a sum necessary to pay off the benefit charge, computed in
accordance with requirements of § 5-103 of this title.
(2) The benefit charge is a lien against the property.
(b) (1) When the property is acquired as provided in this section without
eminent domain proceedings, the amount necessary to pay and extinguish
the benefit charge shall be paid to the WSSC before the deed evidencing
the transfer may be recorded among the land records of the county in
which the property lies.
(2) If the property is acquired through eminent domain, the WSSC shall be
named a party to the eminent domain proceedings and the jury shall make
a separate award in favor of the WSSC for the sum required to pay and
extinguish the benefit charge.
(3) If by oversight or mistake the WSSC is not named a party to the eminent
domain proceedings, or if a separate award for the sum necessary to pay
the benefit assessment is not specified in the jury's inquisition, the
condemning authority shall pay to the WSSC the amount required to
extinguish the benefit assessment at the same time it pays the amount
awarded to the property owner in the proceedings.
(c) (1) If property of the Housing Opportunities Commission of Montgomery
County is subject to a benefit charge, the benefit charge levied
against the property shall be paid in the same manner as by private
property owners.
(2) The benefit charge is a lien against the property.
(3) (i) If the Housing Opportunities Commission of Montgomery County allows a
benefit charge to become delinquent, the Montgomery County Council by
the first month of the next fiscal year shall authorize and appropriate
sufficient funds to pay the delinquent charge and all penalties and
interest on the charges.
(ii) The Montgomery County Executive promptly shall pay all funds
appropriated for delinquent benefit charges to the
WSSC.
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