Wicomico County, MD Article XV Condemnation

§ SC15-1 Procedure.

[1959 Code, sec. 426. 1951, ch. 534, sec. 143; 1953, ch. 137]

The City of Salisbury shall have the power to condemn any property, right or interest belonging to any person, persons, corporation or corporations (whether such corporation be public or private and whether such property, right or interest be impressed with a prior public or quasi-public use or not) for the purpose of making public improvements. Public improvements shall be construed to mean sewers, drains, disposal plants, public buildings, water systems, waterworks, water and watercourses, rights-of-way, streets, alleys, other public ways and sidewalks, parks and parking lots. The manner of procedure in case of any condemnation proceeding shall be that established in Article 33A of the Annotated Code of Maryland, titled "Eminent Domain"[1] except that for the purpose of relocating, opening, widening and closing of streets, alleys and public highways the following additional procedure is authorized:

A. Maps. The Council, upon its own motion, or at the suggestion of the Mayor, or at the instance of any citizen or citizens, of Salisbury, if it sees fit so to do, by order, motion, resolution or ordinance, may determine to undertake any improvement which it is authorized to make and shall thereupon direct the City Engineer, or some other competent person, to prepare a map or plat of the proposed improvement. The validity of the proceedings shall in no measure depend upon the taking of this preliminary step, it being intended merely as a means of placing before the Council accurate information as to the work to be done.

B. Ordinance. The Mayor and Council shall pass an ordinance as other ordinances are passed, directing that the proposed improvement be made and specifying the course and location of the proposed improvement and describing the property to be taken with sufficient certainty to enable a surveyor to lay the same out and directing the Mayor to appoint a commission to estimate damages and benefits and to obtain such other information specified in said ordinance as the Council may desire.

C. Viewers.

(1) The Mayor shall appoint three (3) disinterested persons, residents of Salisbury, to estimate damages and benefits, which appointments shall be ratified by the Council.

(2) In the event that any person or persons so appointed shall not be ratified by the Council, or shall fail to take the oath hereinafter prescribed within the time limited therefor, or shall for any reason fail, refuse or be unable to serve on such commission, then the Mayor shall appoint another or others to serve in the place of such person or persons, which appointment shall be made in the same manner and subject to the same ratification as provided in the first instance.

(3) The Mayor, after the appointment, ratification and acceptance of said commissioners, shall issue a commission in writing under his hand to them authorizing them to exercise the powers and commanding them to perform the duties hereinafter required of them.

D. Oath. The three (3) persons so appointed shall, within five (5) days after the date of their commission, take oath before a Justice of the Peace of Wicomico County that they will faithfully, fairly and without partiality or prejudice estimate, in money value, what amount, if any, of damages will be caused by the proposed improvement to any property over, through, by or near which the proposed improvement will be made, or to the owner or occupant of said property or of any right or interest therein, and will likewise estimate, in money value, what amount, if any, of benefit will accrue by reason of the proposed improvement to any property over, through, by or near which the proposed improvements will be made, or to the owner or occupant of such property or of any right or interest therein. The said persons, or a majority of them, shall constitute and be a commission with the powers and duties hereinafter specified.

E. Notice. The said commission shall, within five (5) days after having taken the aforesaid oath, give at least seven (7) days' notice, by advertisement printed in one (1) or more newspapers published in the City of Salisbury, of its purpose to meet and estimate damage caused and benefits accruing by reason of the proposed improvement, and of the day, hour and place of such meeting and, in addition thereto, the said commission shall send a copy of said notice by registered mail to the owner of each piece of property affected by said improvement, as shown by said ordinance, and if the owner is an infant or non compos mentis, to his guardian or committee, as disclosed by the proceedings, at their last known address, and if the address of any owner is unknown, then they shall post a copy of said notice upon the property.

F. Meetings. The said committee shall meet at the time and place mentioned in the notice given by it, and at such other times as they may from time to time adjourn to, and shall proceed:

(1) To estimate, in money value, what amount, if any, of damages will be caused by the proposed improvement to any property, over, through, by or near which the proposed improvements will be made, or to the owner or occupants of such property or of any right of interest therein;

(2) To estimate, in money value, what amount, if any, of benefits will accrue by reason of the proposed improvement to any property over, through, by or near which the proposed improvement will be made, or to the owner or occupant of such property or of any right or interest therein;

(3) To locate boundaries of the proposed improvement;

(4) To prepare or adopt an explanatory plat showing the location of each separate lot or parcel of land adjoining the proposed improvement or mentioned in the aforesaid estimate of benefits or damages, together with the name or names, or other designation of the owner or owners, or occupants of such lot or parcel or of any right or interest therein; and

(5) To obtain such other information as the Council may require of them or as may appear to them to be useful to the Council in making its determination of benefits and damages, etc.

G. Report. The said Commission shall, within five (5) days after the time set for their meeting, return to the Clerk of Salisbury a report in writing of its proceedings and estimates, together with the aforesaid explanatory plat, and a certificate of the qualifications of its members, and such other information as the Council may require them to obtain, or as may appear to the commission to be useful to the Council in making its determination of benefits and damages.

H. Publication. At the next regular meeting of the Council after the return of said report, or as soon thereafter as may be possible, the said Clerk of Salisbury shall present the said report to the Council, and the said Council shall thereupon give at least ten (10) days' notice by publication in one (1) or more newspapers published in the said city of time and place where the said report will be acted upon.

I. Hearing.

(1) At the time and place set in the notice mentioned in Subsection H hereof, and at such other times and places as the said hearing may from time to time be adjourned to, the said Council shall consider the said report and hear objections thereto, and shall then determine, in money value, what, if any, amount of damages will be caused by the proposed improvement to any property over, through, by or near which the proposed improvement will be made, or to the owner or occupant of such property or of any right or interest therein, and shall determine in money value, what, if any, amount of benefit will accrue by reason of the proposed improvement to any property over, through, by or near which the proposed improvement will be made, or to the owner or occupant of such property or of any right or interest therein, provided that no benefits shall be assessed to any property not shown on the plat returned by the commission as required by Subsection G of this section or to the owner or occupant of any property not shown on said plat or of any right or interest therein.

(2) The said determination of the Council shall then and there be reduced to writing and signed by the President of the Council and annexed to the report of the said commission, whereupon such writing, or a certified copy thereof, shall become the best evidence of the determination so made.

(3) The said Council shall, within ten (10) days after making such determination, cause to be published in one (1) or more newspapers printed in the City of Salisbury, for at least two (2) insertions, notice of the fact that such determination has been made and that damages and benefits have been awarded to person, persons or corporation and in the amounts to be set forth in the said notice.

J. Plan. At no stage of the proceedings shall the Council have power to depart from the plan, except in some minor details, as set forth in the ordinance required by Subsection B of this section, provided that the Council may depart from such plan by commencing new proceedings under this section.

K. Appeal. If any person shall feel aggrieved by the determination of the Council of damages or benefits or by its failure to award damages to him or his property, he may appeal to the Circuit Court of Wicomico County by giving written notice within ten (10) days after the publication of the notice required by Subsection I of this section, which said notice of appeal shall be filed with the Clerk of Salisbury. Upon the filling of the said notice of appeal, it shall be the duty of the said Clerk to deliver to the Clerk of the Circuit Court for Wicomico County a certified copy of the ordinance, commission, report, planatory plat and written evidence of the determination hereinbefore mentioned and the same proceedings shall be had on appeal as in the case of appeals from the judgments of Justices of the Peace. The Court or jury, as the case may be, may alter the determination of the said Council of the damages and benefits, or either, and may award costs in its discretion.

L. Final date.

(1) Not later than six (6) months after judgment, in case an appeal is taken, or after the expiration of ten (10) days from the determination of damages and benefits by the Council as aforesaid, in case no appeal is taken, and prior to the payment or tender of damages to any person the Council shall determine, by motion or resolution or ordinance, to be recorded with the other proceedings, whether or not the proposed improvement shall be made.

(2) In case the Council determines not to continue with the proposed improvement, new commission may be issued as in the judgment of the Council may deem proper, and the city shall not be liable for any damages occasioned by the determination to discontinue the proceedings other than the costs of appeal, if any, awarded against them.

(3) In case the Council shall determine to make the proposed improvement, they may, at any time prior to the payment or tender of damages to any person, refund benefits received by the city, if any, with interest thereon, and discontinue the proceedings, and in such case the city shall not be liable for any damages occasioned by such discontinuance other than the costs of appeal, if any, awarded against them.

(4) It is intended by this subsection that the Council shall have the power to change their determination to carry on the proposed improvement but shall not have the power to change their determination to discontinue the said improvement.

M. Tender of damages.

(1) The city, before actually undertaking the work of the proposed improvement, shall pay or tender to the person, his agent, guardian or representative, the amount of damages awarded less the amount of benefits assessed. The said damages shall be considered personal property from the time of determination by the Council mentioned in Subsection I of this section.

(2) If for any reason the person to whom damages are payable refuses to receive said payment or, by reason of his infancy or other cause, is unable to receive and receipt for the same, the sum due him as damages less the amount of benefits assessed against his property shall be deposited in some bank in Salisbury paying interest on deposits, if any, otherwise in a bank elsewhere paying such interest, to the credit of the person entitled to such damages.

N. Collections. All benefits assessed under this section, less damages awarded, shall be liens on the respective lots or parcels benefited by the improvement from the time of passage of the ordinance required in Subsection B of this section, provided that if the proceedings are discontinued for any reason the lien of such assessment shall be void ab initio. Such assessments may be collected as taxes are collected or by action of law.

O. Title. Upon payment, or tender and deposit in proper case, of all damages awarded, the title to the lands condemned shall pass to the city, to have and to hold as other lands are held for public purposes.

P. Invalidity. If the Council shall fail to determine to proceed with the proposed improvement within the six (6) months mentioned in Subsection L of this section, then the proceedings shall be null and void ab initio. But if the Council shall determine to proceed with the proposed improvement within the said time, then the proceedings shall be valid and binding, in spite of irregularities, defects and errors therein, upon all persons and corporations mentioned in the notice required by Subsection I of this section, who have not filed an appeal as provided in Subsection K of this section and upon all property of such persons or corporation damaged, taken or benefited by virtue of such proceedings, it being the intention of this subsection to cure all defects in such proceedings as to all persons and corporations except appellants, mentioned in the said notice and as against all attack except by appeal as provided and in case the proceedings shall be held invalid as to an appellant they shall not be considered as invalid except as to that appellant, provided that whenever any proceedings shall be held invalid as to any person, the city shall, as soon after such holding as conveniently as may be, proceed to institute, as to such persons, new proceedings, or to do whatever else may be necessary, for the purpose of properly and fully carrying into effect the plan of the improvements as laid out in the ordinance required by Subsection B of this section.

[1] Repealed by Acts 1972, ch. 349, § 1. See RP, § 12-101 et seq.