# Public Utilities (GPU) ## Title 21. Property and Land Use Matters ### Subtitle 1. Acquisition and Disposition of Property #### Section 21-101 (a) In this section, "property" includes: (1) land; (2) structures; (3) buildings; (4) streambeds; (5) waterways; (6) water rights; (7) watersheds; (8) water systems and parts of water systems; and (9) wastewater systems and parts of wastewater systems. (b) The Commission may acquire property for the construction, extension, maintenance, or operation of a project the Commission considers: (1) necessary to carry out this division; or (2) in furtherance of this division. (c) If the Commission decides to acquire property within or outside the sanitary district in accordance with subsection (b) of this section, the Commission may acquire the property: (1) in fee; or (2) as an easement. (d) If the Commission fails to agree on the terms of acquisition with the owner of any property, the Commission may condemn the property by filing a petition for condemnation in the circuit court for the county in which the property is situated, as provided for condemnation of land under the Real Property Article. (e) The Commission may condemn the interest of any tenant, lessee, or other person having an interest in property that the Commission decides to acquire. #### Section 21-102 (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. (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. (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. #### Section 21-103 If the Commission does not consider the property necessary for the operation of its water, sewer, or stormwater management systems, the Commission may sell, lease, transfer, convey, or dispose of any of its real or personal property on terms and conditions that the Commission considers advantageous. #### Section 21-104 (a) (1) In this section the following words have the meanings indicated. (2) "High performance building" means a building that: (i) meets or exceeds the current version of the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System Silver rating; or (ii) achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretary of Budget and Management and the Secretary of General Services. (3) "Major renovation" means the renovation of a building where: (i) the building shell is to be reused for the new construction; (ii) the heating, ventilating, and air-conditioning (HVAC), electrical, and plumbing systems are to be replaced; and (iii) the scope of the renovation is 7,500 square feet or greater. (b) It is the intent of the General Assembly that, to the extent practicable: (1) the Commission shall employ green building technologies when constructing or renovating a Commission-owned building not subject to this section; and (2) high performance buildings shall meet the criteria and standards established under the "High Efficiency Green Building Program" adopted by the Maryland Green Building Council. (c) Except as provided in subsections (d) and (e) of this section, if a capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building shall be constructed or renovated to be a high performance building. (d) The following types of unoccupied buildings are not required to be constructed or renovated to be high performance buildings: (1) warehouse and storage facilities; (2) garages; (3) maintenance facilities; (4) transmitter buildings; (5) pumping stations; and (6) other similar types of buildings, as determined by the Commission. (e) (1) The Commission may request from the county where the proposed capital project is located a waiver from complying with subsection (c) of this section. (2) On receipt of a written request of a waiver under this subsection, with approval of the county executive, the county council of the county where the proposed capital project is located may issue a waiver under this subsection if the county council determines that the use of a high performance building in a proposed capital project is not practicable. ### Subtitle 2. Prince George's County Quick Take #### Section 21-201 In this subtitle, "water supply, sanitary sewer, or stormwater management project" includes a: (1) water main, sewer, or drain or appurtenance of a water main, sewer, or drain; (2) fire hydrant; (3) reservoir; (4) water purification plant; (5) tank; (6) pumping station; and (7) sewage disposal plant. #### Section 21-202 The purpose of this subtitle is to provide that in emergencies the Commission, in its discretion, may condemn land or interest in land under the optional procedure provided by this subtitle before or after construction of a water supply, sanitary sewer, or stormwater management system, or part of a system, has begun. #### Section 21-203 This subtitle applies only to land in Prince George's County. #### Section 21-204 (a) Subject to subsection (b) of this section and Sec.Sec. 21-205 and 21-206(a) of this subtitle, the Commission may enter on and take possession of remaining land or interest in land described in item (2) of this subsection and proceed with the extension or construction of a water supply, sanitary sewer, or stormwater management project if the Commission: (1) has acquired or is acquiring by purchase or other procedure, including the condemnation procedures provided for in the Real Property Article and Subtitle 1 of this title, at least one-half of the takings of land or interest in land required for the extension or construction of the project; and (2) determines that the remaining takings of land or interest in land are needed for the extension or construction of the project. (b) A building may not be taken under this subtitle. #### Section 21-205 (a) (1) The Commission's right to enter and take possession of land or an interest in land under this subtitle takes effect immediately after the filing of a written declaration of taking in the Circuit Court for Prince George's County, accompanied by payment of the estimated fair market value of the land or interest in land, as required under Sec. 21-206(a) of this subtitle. (2) A declaration of taking may be: (i) combined with a petition for condemnation, filed simultaneously with or as part of the same pleading; or (ii) filed after a petition for condemnation. (b) A declaration of taking shall: (1) include a statement as to the number of takings in land or interest in land necessary for the extension or construction of the water supply, sanitary sewer, or stormwater management project; (2) include a statement that the Commission has acquired or is acquiring by purchase or procedures other than the declaration of taking method at least one-half of the takings needed for the extension or construction of the project; (3) contain a description of the land or interest in land being taken; (4) name the Commission as plaintiff and the owner of the land or interest in land as defendant; (5) be docketed by the clerk of the circuit court, unless the petition for condemnation is on file or filed simultaneously with the declaration of taking; and (6) identify the qualified appraiser and specify the estimated fair market value of the land or interest in land being taken, as required by Sec. 21-206(a) of this subtitle. (c) Notice of and service on the property owner of a declaration of taking shall be accomplished in the same manner as is required for petitions for condemnation. (d) If the Commission files the declaration of taking accompanied by the payment of the estimated fair market value required under Sec. 21-206(a) of this subtitle, the date of filing shall be the operative date of the taking to determine: (1) the fair market value of the land or interest in land taken; and (2) damages, if any, caused by the taking. #### Section 21-206 (a) (1) With the declaration of taking, the Commission shall pay to the owner of the land or interest in land, or to the Circuit Court for Prince George's County for the owner's benefit, a sum that the Commission estimates to be the fair market value of the land or interest in land being taken. (2) The Commission's estimate of the fair market value of the land or interest in land being taken may not be less than its appraised value as evaluated by at least one experienced and qualified appraiser, whose qualifications as an appraiser have been accepted by a court of record of the State. (b) Payment of the estimated fair market value of land or interest in land under this section does not limit the amount that may be awarded with respect to the land or interest in land. (c) If the estimated fair market value of the land or interest in land is paid into the court under subsection (a) of this section, the property owner, on written request to the clerk of the court, may receive the sum paid without prejudice to any of the owner's rights if the property owner agrees to pay back to the Commission the amount by which the sum paid exceeds the final award. #### Section 21-207 (a) (1) If the Commission and the owner of the land or interest in land being taken are unable to agree as to the compensation and damages, if any, caused by the taking, the Commission shall institute condemnation proceedings in the manner required by the Real Property Article and the Maryland Rules. (2) The court shall hear and determine the condemnation proceedings as soon as practicable after the application to the court. (b) If the condemnation petition is not filed at the same time as the Commission pays the estimated fair market value to the owner or to the court for the owner's benefit, the Commission shall file the condemnation petition not later than 30 days after receipt of notice from the property owner that a disagreement exists as to the compensation and damages, if any, caused by the taking. ### Subtitle 3. Zoning and Land Use Matters #### Section 21-301 (a) (1) In this section the following words have the meanings indicated. (2) (i) "District council" has the meaning stated in Sec. 14-101 of the Land Use Article. (ii) "District council" includes a designee or hearing officer appointed by the district council. (3) "Regional district" has the meaning stated in Sec. 14-101 of the Land Use Article. (b) An application for amendment to the zoning map of the regional district may be referred by the respective district council to the Commission for the Commission's review and comment. (c) (1) The Commission shall review each application referred to it and shall report in writing on each application to the appropriate district council not less than 15 days before the regularly scheduled public hearing on the application. (2) The report shall include an analysis of the probable impact on existing and proposed sewer, water, or other Commission facilities in terms of: (i) treatment facilities; (ii) sewer lines of both program and less-than-program size; (iii) their respective design capacity and present volume flow to capacity relationship; (iv) construction schedules; and (v) proposed projects under the 6-year capital improvements program or 10-year water and sewer plan. (d) With respect to an application referred to the Commission under subsection (b) of this section, the Commission shall provide supplemental information requested by the district council at least 15 days before the regularly scheduled public hearing on the application or within 15 days after the Commission receives the request, whichever is later. (e) On request of the district council, Commission staff shall appear before the district council to discuss information provided by the Commission under this section. ### Subtitle 4. Urban Renewal Projects #### Section 21-401 In this subtitle, "urban renewal authority": (1) means a unit of government that is engaged in urban renewal activity; and (2) includes: (i) the State; (ii) Montgomery County; (iii) Prince George's County; and (iv) any unit of government in Montgomery County or Prince George's County. #### Section 21-402 If the Commission is paid or assured payment by an urban renewal authority for the Commission's costs and expenditures in accordance with this subtitle, the Commission may cooperate with and assist the urban renewal authority in an urban renewal project undertaken by the urban renewal authority by abandoning, relocating, installing, constructing, or reconstructing water or sanitary sewer facilities in the urban renewal area. #### Section 21-403 (a) If an urban renewal project or an act of the General Assembly that provides for an urban renewal program requires or results in the abandonment, relocation, realignment, raising, lowering, rebuilding, or removal of any water or sanitary sewer facility of the Commission, the urban renewal authority shall pay to the Commission the entire cost less any salvage value from the old facility. (b) An urban renewal authority may not allow any Commission structure to be removed, abandoned, or damaged in connection with an urban renewal project until: (1) the urban renewal authority has paid the Commission; or (2) payment to the Commission has been assured to the Commission's satisfaction, in accordance with this subtitle. (c) If an urban renewal project requires the construction of a new water or sanitary sewer facility by the Commission, the Commission may: (1) construct the facility if: (i) the costs of the construction will be repaid through existing provisions for special assessments, including front foot benefit charges; or (ii) the payment is made or assured by the urban renewal authority; and (2) enter into agreements with an urban renewal authority providing for payment to the Commission over a period of time, with the terms of the contract and rate of interest determined by the Commission. --- Md. Code Ann., Pub. Util. (as displayed at mgaleg.maryland.gov, October 16, 2026)