In this subtitle, “water supply, sanitary sewer, or stormwater management project” includes a: water main, sewer, or drain or appurtenance of a water main, sewer, or drain; fire hydrant; reservoir; water purification plant; tank; pumping station; and sewage disposal plant.

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.

This subtitle applies only to land in Prince George’s County.

Subject to subsection (b) of this section and §§ 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: 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 determines that the remaining takings of land or interest in land are needed for the extension or construction of the project. A building may not be taken under this subtitle.

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 § 21–206(a) of this subtitle. A declaration of taking may be: combined with a petition for condemnation, filed simultaneously with or as part of the same pleading; or filed after a petition for condemnation. A declaration of taking shall: 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; 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; contain a description of the land or interest in land being taken; name the Commission as plaintiff and the owner of the land or interest in land as defendant; 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 identify the qualified appraiser and specify the estimated fair market value of the land or interest in land being taken, as required by § 21–206(a) of this subtitle. 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. If the Commission files the declaration of taking accompanied by the payment of the estimated fair market value required under § 21–206(a) of this subtitle, the date of filing shall be the operative date of the taking to determine: the fair market value of the land or interest in land taken; and damages, if any, caused by the taking.

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. 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. 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. 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.

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. The court shall hear and determine the condemnation proceedings as soon as practicable after the application to the court. 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.