§ 12-621. Bridge and canal building corporations

   (a) Scope of section. -- This section applies to all counties.

(b) Consent of county governing body. --

   (1) A corporation may build a bridge over a river, creek, or stream in the State or dig, build, or maintain a canal only if the governing bodies of all counties in the State in which the bridge or canal is to be built have authorized the corporation to build the bridge or canal.

   (2) A resolution of the governing body of a county authorizing the building of a bridge or canal shall be recorded:

      (i) in the record of proceedings of the governing body; and

      (ii) in the records of the corporation.

(c) Property acquisition; condemnation. --

   (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a corporation may enter into an agreement with an owner of any interest in property to obtain:

      (i) land necessary for:

         1. a bridge abutment;

         2. digging, building, and maintaining a canal; or

         3. a road or highway to approach a bridge or canal; or

      (ii) earth or stone for building of:

         1. a bridge or canal;

         2. a road or highway that approaches a bridge or canal; or

         3. a terminal, dock, or wharf.

   (2) A person shall convey an interest in property to a corporation under paragraph (1) of this subsection by deed properly executed and recorded.

   (3) A corporation may obtain property under paragraph (1) of this subsection by condemnation under the provisions of Title 12 of the Real Property Article if:

      (i) the corporation and the property owner fail to agree on the conveyance of the property;

      (ii) the property owner lacks capacity to contract to convey the property; or

      (iii) the property owner is absent from the State.

(d) Reporting requirements. --

   (1) On completion of the building of a bridge or canal, the corporation shall report the completion to the governing body of the county:

      (i) in writing; and

      (ii) under the oath or affirmation of the corporation's president or vice president.

   (2) (i) After notification by the corporation, the governing body shall appoint three persons to examine the bridge or canal.

      (ii) The persons shall report to the governing body on whether the bridge has been built in a substantial and durable manner that will promote public convenience.

      (iii) The governing body shall review the report and shall ratify or reject the report.

      (iv) The governing body may also appoint other persons to report on whether the bridge has been built in a substantial and durable manner that will promote public convenience.

HISTORY: An. Code 1957, art. 23, § 140-142; 2013, ch. 119, § 2.