Title 22, Chapter 3, Section 63
( 22-3-63)
Any other provision of law to the contrary notwithstanding, any
nongovernmental entity which: (1) Is privately owned and is operated under the collective
management and control of the owners; (2) Was in the business of providing water supply and sewerage
collection and disposal prior to July 1, 1978; (3) Has continuously owned a sanitary sewerage system since July
1, 1978, permitted by the Environmental Protection Division of the
Department of Natural Resources; and (4) On May 1, 2000, owns and operates one or more sewerage
collection treatment and disposal systems serving 1,000 or more
customers shall have the authority to condemn property or any interest
therein, including easements, for the purpose of constructing and
operating a waterworks, a water distribution system, a sewerage
collection system, or a sewage treatment and disposal system, or any
combination of such systems or facilities; provided, however, that
such authority shall extend only to such counties and those counties
immediately adjacent to such counties in which such entity owned or
operated such waterworks or systems or combination as of January 1,
2000; and provided, further, that the authority provided for in this
Code section shall terminate with respect to any entity if any
interest in such business is transferred to another person or entity
except through inheritance. |