§ 20-1-109. OBSTRUCTIONS IMPEDING FACILITIES TO BE REMOVED; EXCEPTIONS.

(a)

All persons lawfully having buildings, structures, works, conduits, mains, pipes, or other physical obstructions in, over, or under the public lanes, avenues, streets, alleys, or highways of the metropolitan district, which shall block or impede the progress of the county's water mains, sewers, or drains, when in process of construction and establishment, shall, upon reasonable notice from the county promptly so shift, adjust, accommodate, or remove the same, as to fully meet the exigencies occasioning such notice; provided, however, that the cost of such changes shall be borne and paid for by the county out of the metropolitan district funds. No water supply, sewerage, or drainage system which may have been laid out, constructed, or operated before April 9, 1924, under the rules and regulations and authority of the State Board of Health and the county, shall be disturbed except by consent of the owner thereof or by condemnation proceedings as provided in § 20-1-107 of this title.

(b)

The provisions of this section shall not apply to any property owned by the Anne Arundel County Sanitary Commission or its successors, or by the Anne Arundel County Commissioners, into which the water supply, sewerage, or drainage systems established by the county shall extend. The provisions of this section shall not apply to the properties, plants, franchises, or rights of the Mayor and City Council of Baltimore or to any properties, plants, franchises, and rights that may be hereafter acquired by the Mayor and City Council of Baltimore for the protection or enlargement of its water supply, sewerage, stormwater drainage, or refuse disposal systems or any other of its utility properties.

(1988 Code, § 35-134) (Bill No. 30-03, § 1, 7-1-2004)