§ 26-601. Rights-of-way and easements generally  


Latest version.



  •    (a) Power to acquire. -- The board of managers may acquire any right-of-way and easement necessary to construct and maintain the drainage projects or dispose of excavated material according to an approved operation and maintenance plan.

    (b) Easement record. --

       (1) The board of managers of each drainage association shall submit to the clerk of the circuit court in the appropriate county a book, to be known as the "easement record", that contains each easement for maintenance or right-of-way, according to the original design specifications or for not less than 20 feet, that the drainage association has in the county.

       (2) A drainage association shall keep the easement record current.

       (3) The clerk of a circuit court shall make an easement record available for inspection by the public.

    ** REVISOR'S NOTE
     
       In subsection (a) of this section, the reference to "acquir[ing]" rights-of-way and easements is substituted for the former reference to "hav[ing] and possess[ing]" rights-of-way and easements to avoid the implication that property in trust need not be acquired before use.

    ** REVISOR'S NOTE
     
       Also in subsection (a) of this section, the former phrase "by virtue of this subtitle" is deleted as surplusage.

    ** REVISOR'S NOTE
     
       In subsection (b)(1) of this section, the former reference to a "suitable" book is deleted as surplusage.

    ** REVISOR'S NOTE
     
       Also in subsection (b)(1) of this section, the former reference to easements "on any land" in the county is deleted as surplusage.

    ** REVISOR'S NOTE
     
       In subsection (b)(2) of this section, the former reference to the requirement that a watershed association keep the easement record "up to date" is deleted as unnecessary in light of the requirement that the easement record be kept "current".

    ** DEFINED TERMS:
     

       "Board of managers"                                                 § 26-101
     
       ** DEFINED TERMS:
     
       "County"                                                             § 1-101
     
       ** DEFINED TERMS:
     
       "Drainage association"                                              § 26-101



HISTORY: An. Code 1957, art. 25, § 88; 2013, ch. 119, § 2.