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§ 21-102. Condemnation of land used for cemetery purposes

West's Annotated Code of MarylandPublic UtilitiesEffective: October 1, 2010

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division II. Washington Suburban Sanitary Commission [Titles 16-29] (Refs & Annos)
Title 21. Property and Land Use Matters (Refs & Annos)
Subtitle 1. Acquisition and Disposition of Property (Refs & Annos)
Effective: October 1, 2010
MD Code, Public Utilities, § 21-102
§ 21-102. Condemnation of land used for cemetery purposes
Currentness
Resolution required to condemn land
(a)(1) Except as provided in subsection (b) of this section, land used for cemetery purposes may not be condemned unless the Commission adopts a resolution declaring that it is necessary for the public health and safety to acquire the cemetery land, or an easement in the land, immediately by condemnation.
(2) A resolution under this subsection may only be adopted on the affirmative vote of a majority of the commissioners from the county where the cemetery land is located.
Sewer or water line exceptions
(b)(1) The Commission may condemn public or private land used for cemetery purposes, or an easement in the land, without adopting a resolution in accordance with subsection (a) of this section if the land or easement is for the purpose of installing sewer lines or water lines.
(2) Sewer lines or water lines installed on property condemned under paragraph (1) of this subsection shall be constructed underground and enclosed.
Prohibition against disturbing graves
(c) The land or easement to be acquired may not disturb:
(1) any existing grave, grave marker, or monument; or
(2) any grave site:
(i) the title to which has been transferred as a result of a bona fide sale or exchange; or
(ii) in which burial rights have vested or been transferred as a result of a bona fide sale or exchange.

Credits

Added by Acts 2010, c. 37, § 3, eff. Oct. 1, 2010.
MD Code, Public Utilities, § 21-102, MD PUBLIC UTIL § 21-102
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