Section 9-668 - Purchase or condemnation of property rights; condemnation of cemeteries. - Maryland Statutes

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

(a)  Power of district.- 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. 

(b)  Cemeteries - Limited power of condemnation.-  

(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. 

(c)  Cemeteries - Resolution of sanitary commission.- 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. 

(d)  Cemeteries - Burial of lines.- The sanitary commission shall bury every water line and sewer line that it builds in cemetery land. 
 

[An. Code 1957, art. 43, § 666A; 1982, ch. 240, § 2.]