Maryland County Commissioners Section 102

Article - County Commissioners

§ 102.

      (a)      A majority of the landowners or the owners of a majority of the land in a public drainage association established under this subtitle may petition the board of county commissioners of the county in which such association was organized for the dissolution of the association. Such petition must be accompanied by a complete list of the creditors of the association, sworn to by the board of managers.

      The board of county commissioners shall thereupon set a date for a public hearing upon the petition, and shall give at least thirty days' previous notice by written or printed notice mailed to each landowner included in the drainage association and to each creditor, and by notice in a newspaper or newspapers published in the county or counties in which such drainage association is located, giving the time, place and object of such meeting.

      Following such public hearing the board of county commissioners may, in their discretion, deny or approve the petition for dissolution. In case of approval, the same notices shall be given as for the hearing on the petition. After payment of all bills, any balance in the county treasury to the credit of the dissolved association shall be distributed to the landowners in proportion to their original assessments.

      (b)      In this section, "inactive association" means a public drainage association established under this subtitle that for at least 5 years has not substantially complied with the majority of ordinary operating procedures required under this subtitle including:

            (1)      The maintenance of ongoing and current information in the watershed file at the office of the clerk of the board of county commissioners;

            (2)      Elections of a board of managers and officers of the board;

            (3)      An annual meeting of owners of land within the association;

            (4)      The submission of an annual report by the board of managers to the clerk of the board of county commissioners;

            (5)      The development, approval, appropriate filing, execution, or maintenance of a work plan applicable to property owned by the association; and

            (6)      The submission and regular updating of the association's easement record in the office of the clerk of the circuit court in the applicable county.

      (c)      Notwithstanding the requirements of this section, upon a written petition for dissolution by any member of the most recently elected or appointed board of managers of an association considered currently inactive, the board of county commissioners of the county in which the association was organized shall promptly:

            (1)      Provide public notice that the commissioners have received and are considering a petition for dissolution of an association and hold a public hearing to accept public comment before taking any action on the petition;

            (2)      Consider all available information to determine the current operating status and foreseeable operating potential of the association; and

            (3)      By majority vote, approve or deny the petition for dissolution.

      (d)      If the board of county commissioners approves a petition for dissolution under this section, the board shall:

            (1)      With any balance remaining in the county treasury to the credit of the dissolved association:

                  (i)      Satisfy all outstanding debts of the association; and

                  (ii)      Distribute any remainder to the board of county commissioners; and

            (2)      Provide for the transfer of any interest in real property held by the inactive association to the county or counties in which the property is located.



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