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Section 26-501 – Appointment

    (a)    (1)    On approval of a plan submitted in accordance with § 26–404 of this title, the county commissioners or county council shall appoint a board of viewers composed of at least three impartial individuals who reside in the vicinity of the area of the drainage association.         (2)    A member of the board of viewers may not be […]

Section 26-502 – Notice of Action by Board of Viewers

    At least 10 days before proceeding with its duties, the board of viewers shall:         (1)    post a notice of its intention to proceed at four public places in the area described in the petition;         (2)    publish a notice in a newspaper of general circulation published in each county in which the lands to be viewed are located; […]

Section 26-503 – Duties

    (a)    On receipt of a copy of the plan from the county commissioners or county council, a board of viewers shall:         (1)    (i)    engage the services of a private engineer; or             (ii)    use the services of an engineer of a local, State, or federal unit of government;         (2)    enter and view, with the individuals described in item (1) of this […]

Section 26-504 – Costs

    (a)    A board of viewers:         (1)    shall determine the amount sufficient to pay:             (i)    the cost of constructing or improving a proposed drainage project;             (ii)    any damages awarded;             (iii)    any compensation for an existing drainage project that the board of viewers adopts in accordance with § 26–505 of this subtitle;             (iv)    the expenses of the board of viewers; and             (v)    the costs […]

Section 26-505 – Existing Drainage Projects

    (a)    A board of viewers may adopt an existing drainage project as a whole drainage project or as a part of a drainage project, under this title.     (b)    If an existing drainage project is adopted by the board of viewers, it shall pay fair compensation to each landowner for the value of work already done on the […]

Section 26-506 – Subsequent Board of Viewers

    (a)    At the request of the board of managers, the county commissioners or county council shall appoint a board of viewers to determine if the original determination as to which lands have benefited from the improvements has changed.     (b)    The board of viewers appointed under this section shall have the same qualifications, rights, powers, privileges, and duties […]

Section 26-507 – Report to State and County

    (a)    At the earliest feasible date, the board of viewers shall submit three copies of a written report to the county commissioners or county council and to the State Soil Conservation Committee in the Department of Agriculture.     (b)    The report shall state:         (1)    whether the proposed drainage project:             (i)    is feasible;             (ii)    will benefit the public or promote the public […]

Section 26-508 – Examination of Report; Hearing; Notice; Report Available for Inspection

    (a)    (1)    The county commissioners or county council shall examine a report submitted by a board of viewers under § 26–507 of this subtitle at the first meeting after receiving the report.         (2)    If the county commissioners or county council find that a report under § 26–507 of this subtitle is not in proper form or not in […]

Section 26-509 – Hearing Procedure on Report

    (a)    At a hearing under § 26–508 of this subtitle:         (1)    the board of viewers and engineers shall be present; and         (2)    any person may appear in person or by counsel and object to any part of the report.     (b)    The county commissioners or county council shall consider carefully each objection presented under subsection (a) of this section.     (c)    If […]

Section 26-510 – Payment of Expenses if Report Disapproved

    (a)    If a report is disapproved, the county commissioners or county council shall pay the expenses properly incurred in making the survey and report and in publishing notices.     (b)    To reimburse the county for the expenses described in subsection (a) of this section, the county commissioners or county council may impose a special assessment in equal amounts […]

Section 26-511 – Amendment of Petition or Related Proceedings

    (a)    The county commissioners or county council or circuit court for the county in which proceedings are pending may, on application of any party and at any time before a final decision is made, grant leave to the party to amend the petition or any part of the proceedings that may be defective or informal to […]

Section 26-512 – Application for Order of Review

    (a)    A person who may be adversely affected by the making of any ditch or drain or who may be assessed for any part of the costs of a ditch or drain may apply for an order of review to the county commissioners or county council at any time before the approval of the report.     (b)    The […]

Section 26-513 – Judicial Review

    (a)    A person who is aggrieved by a determination of the county commissioners or county council or by any proceedings under this title relating to drains may appeal to the circuit court of the county in which the determination was made or proceedings were conducted.     (b)    Either party may elect a trial by jury and the judgment […]