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§ 9-668. Purchase or condemnation of property rights; condemnation of cemeteries

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 9. Water, Ice, & Sanitary Facilities (Refs & Annos)
Subtitle 6. Sanitary Commissions
Part VI. Operation of Districts
MD Code, Environment, § 9-668
§ 9-668. Purchase or condemnation of property rights; condemnation of cemeteries
Currentness
Power of district
(a) For the construction, maintenance, or operation of any part of a project, the district may acquire any interest in real property by:
(1) Purchase; or
(2) Exercise of the power of eminent domain as provided in Title 12 of the Real Property Article.
Cemeteries; Limited power of condemnation
(b)(1) Except as otherwise provided in this subsection, the district may condemn a property right in a cemetery only to install a sewer line or a water line.
(2) The district may not condemn any property rights in and may not disturb:
(i) Any existing grave;
(ii) Any grave marker or monument;
(iii) Any grave site whose title has been transferred through a sale or exchange made in good faith; or
(iv) Any grave site as to which burial rights have vested or been transferred through a sale or agreement made in good faith.
Cemeteries; resolution of sanitary commission
(c) Before the district condemns a property right in a cemetery, the sanitary commission shall adopt a resolution that:
(1) Is approved by a majority of the sanitary commissioners appointed from the member county in which the cemetery is located;
(2) Includes a declaration that the condemnation is necessary for the public health and safety; and
(3) Includes a declaration that immediate acquisition of the property right in the cemetery is necessary.
Cemeteries; burial of lines
(d) The sanitary commission shall bury every water line and sewer line that it builds in cemetery land.

Credits

Added by Acts 1982, c. 240, § 2.
Formerly Art. 43, § 666A.
MD Code, Environment, § 9-668, MD ENVIR § 9-668
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document