Current with changes from the 2024 Legislative Session
Section 9-668 - Purchase or condemnation of property rights; condemnation of cemeteries(a) For the construction, maintenance, or operation of any part of a project, the district may acquire any interest in real property by:(2) Exercise of the power of eminent domain as provided in Title 12 of the Real Property Article.(b)(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: (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) 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) The sanitary commission shall bury every water line and sewer line that it builds in cemetery land.