On approval of a watershed work plan submitted in accordance with § 25–404 of this title, the county commissioners, county council, or Mayor and City Council of Baltimore City shall appoint a board of viewers composed of at least three impartial individuals. A member of the board of viewers may not be a landowner. If a watershed project described in a watershed work plan is located in more than one county, at least one member of the board of viewers shall be from each county in which the watershed project is located. An individual who is appointed as a member of a board of viewers may not act in that capacity until the individual provides written notice of acceptance of the appointment to the county commissioners, county council, or Mayor and City Council of Baltimore City. The county commissioners, county council, or Mayor and City Council of Baltimore City shall set the compensation for the members of a board of viewers.

On receipt of a copy of a watershed work plan from the county commissioners, county council, or Mayor and City Council of Baltimore City, a board of viewers: shall engage the services of private engineers; or may use the services of planners and engineers of local, State, and federal units of government; enter and view, with the individuals described in item (1) of this subsection, the land described in the watershed work plan and the proposed watershed project as laid out on the ground; and make careful and thorough examination of the area to determine the benefits and damages that would result from the proposed watershed project to the land in the area affected by the watershed association. A board of viewers shall consider as damages, without regard to any benefit that would result from the proposed watershed project: the value of land taken for construction of the proposed watershed project; inconvenience imposed by the construction of the proposed watershed project; and other lawfully compensable damages.

A board of viewers: shall determine the amount sufficient to pay: the cost of a proposed watershed project; any damages awarded; any compensation for an existing watershed project that the board of viewers adopts in accordance with § 25–504 of this subtitle; the expenses of the board of viewers; and the costs of establishing the watershed association; shall subtract from the amount determined under item (1) of this subsection any amounts in money or service received from the county or any other source; shall assess each tract of land in the area affected by the watershed association a proportion of the amount described in item (2) of this subsection, based on the benefits that would accrue to the tract of land from the watershed project; and may not assess a tract of land for an amount that is more than the benefits that would accrue to the tract of land from the watershed project. Notwithstanding any other law, the county commissioners, county council, or Mayor and City Council of Baltimore City may: contribute in money, services, equipment, or materials toward the costs of any watershed project authorized under this title from general funds of the county; or allocate toward the costs of any watershed project any other money that is available for the watershed project.

A board of viewers may adopt an existing watershed project, as a whole watershed project or as a part of a watershed project, under this title. If an existing watershed project is adopted by the board of viewers, the board of viewers shall pay fair compensation to each landowner for the value of work already done on the watershed project.

At the earliest practicable date, the board of viewers shall submit three copies of a written report to the county commissioners, county council, or Mayor and City Council of Baltimore City. The report shall state: the name of each person entitled to damages and the amount of the damages; the name of each person entitled to compensation for a watershed project adopted under § 25–504 of this subtitle and the amount of the compensation; the amount determined under § 25–503(a)(1) of this subtitle; and the amount for which each benefited tract of land shall be assessed as its share of the total cost of the watershed project and its proportion of the whole.

The county commissioners, county council, or Mayor and City Council of Baltimore City shall examine a report submitted by a board of viewers under § 25–505 of this subtitle at the first meeting after receiving the report. If the county commissioners, county council, or Mayor and City Council of Baltimore City find that the report is not in proper form or not in compliance with the law, the report shall be returned to the board of viewers to be corrected and resubmitted. If the county commissioners, county council, or Mayor and City Council of Baltimore City find that the report is in proper form and in compliance with the law, the county commissioners, county council, or Mayor and City Council of Baltimore City shall set a date for a public hearing on the report. At least 30 days before a hearing under this section, the county commissioners, county council, or Mayor and City Council of Baltimore City shall: publish notice of the time and place of the hearing in a newspaper of general circulation in each county in which the land to be affected by the watershed association is located; mail a notice to each person named in the report; and if a landowner or an owner of other property named in the report resides outside the State, serve written notice of the hearing on the tenant or agent of the landowner or owner of the other property. Notice of the hearing shall state that a copy of the report is available for inspection in an office of the designated officer. A copy of the board of viewers report shall be available for inspection in the office of the designated officer.

At a hearing under § 25–506 of this subtitle: the board of viewers and engineers shall be present; and any person may appear in person or by counsel and object to any part of the report. The county commissioners, county council, or Mayor and City Council of Baltimore City shall consider carefully each objection presented, taking into account the apportionment of costs and benefits. If a well founded objection can be resolved at the hearing by changing the report, the board of viewers shall make the changes necessary to treat each concerned person equitably. To help make a decision, the county commissioners, county council, or Mayor and City Council of Baltimore City may poll the landowners present who are named in the report of the board of viewers, considering the apportionment of benefits and damages. The county commissioners, county council, or Mayor and City Council of Baltimore City may: disapprove the report; return the report to the board of viewers for amendment or reconsideration in view of an objection presented; or approve the report as submitted or as amended. On approval of the report by the county commissioners, county council, or Mayor and City Council of Baltimore City, the board of directors may install, operate, and maintain the watershed project described in the watershed work plan.

If a report is disapproved, the county commissioners, county council, or Mayor and City Council of Baltimore City shall pay the expenses properly incurred in making the survey and report and in publishing notices. To reimburse the county for the expenses described in subsection (a) of this section, the county commissioners, county council, or Mayor and City Council of Baltimore City may impose a special assessment in equal amounts on the property of the landowners who signed the petition filed under Subtitle 2 of this title.

If the property or interest of a minor who does not have a guardian is affected by a watershed project under this subtitle, the orphans’ court of the county shall appoint a guardian to protect the interests of the minor.

The county commissioners, county council, or Mayor and City Council of Baltimore City or circuit court for the county in which the proceedings are pending may, on application of any party and at any time before a final decision is made, grant leave to a party to amend the petition or any part of the proceedings that may be defective or informal so as to bring the merits of the case before the county commissioners, county council, or Mayor and City Council of Baltimore City for a decision or a jury of the circuit court for trial. The county commissioners, county council, or Mayor and City Council of Baltimore City or the circuit court may award costs.

A person who may be adversely affected by any watershed project connected with the proposed watershed association may apply for an order of review to the county commissioners, county council, or Mayor and City Council of Baltimore City at any time before the approval of the report. The county commissioners, county council, or Mayor and City Council of Baltimore City may grant an order of review and appoint another board of viewers to redo the work done by the original board of viewers.

A person who is aggrieved by a determination of the county commissioners, county council, or Mayor and City Council of Baltimore City, or by any proceedings under this title relating to a watershed project, may appeal to the circuit court of the county in which the determination was made or proceedings were conducted. Either party may elect a trial by jury.