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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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PUBLIC UTILITIES |
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DIVISION II. WASHINGTON SUBURBAN SANITARY COMMISSION. |
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TITLE 23. WATER, SEWERS, AND DRAINAGE. |
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SUBTITLE 3. CAPITAL IMPROVEMENTS PROGRAM |
§ 23-309. Liability resulting from change
Latest version.
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(a) Responsibility for liability. -- If the Commission becomes legally liable to a third party as a direct result of a modification of a previous approval of a major project by Montgomery County or Prince George's County, the county directing the change is responsible for the liability that results from the change.
(b) Settlement or release of claims. -- The County Executive or County Council of Montgomery County or the County Executive of Prince George's County shall settle or release a claim for liability under subsection (a) of this section by:
(1) negotiating with the claimant; or
(2) paying the final judgment of a court award.
(c) Intervention in court proceedings. -- In litigation resulting from a claim for liability under subsection (a) of this section, the County Executive or County Council of Montgomery County and the County Executive of Prince George's County may:
(1) intervene in a court proceeding before judgment; and
(2) interpose defenses available to the county or the Commission.