§ 49-52. An assessment of costs for road construction to be authorized by County Executive; Council to assess benefits.

(a) The County must not assess the cost of constructing any road as a benefit to adjacent property unless the Executive has issued an order authorizing the assessment. After the Executive has authorized the assessment, the County Council may assess the cost of construction by resolution as a benefit to all property adjacent to the road’s right-of-way and specially benefited by its construction as provided in this Section.

(b) The law in effect when construction is authorized must allow the assessment of all or part of its cost.

(c) A property must not be assessed more than the amount by which the property is specially benefited by the construction.

(d) Property owned by the United States, the State, or any agency of either must not be assessed.

(e) The Council may waive any assessment in an urban renewal project, community redevelopment project, or neighborhood improvement project. (Mont. Co. Code 1965, § 24-31; 1971 L.M.C., ch. 3, § 14; 1976 L.M.C., ch. 16, § 4; 1982 L.M.C., ch. 31, § 2; , § 1; , § 1.)

Editor's note—This section was interpreted in Montgomery County v. Edward W. Schultze, 302 Md. 481, 489 A.2d 16 (1985) and in Montgomery County v. Edward W. Schultze, 57 Md. App. 781, 471 A.2d 1129 (1984). Section 49-52 [formerly § 24-31] is quoted in Murphy v. Montgomery County, 267 Md. 224, 297 A.2d 249 (1972). In Eggert v. Montgomery County, 263 Md. 243, 282 A.2d 474 (1971), it was held that the authorization of road construction is an executive rather than a legislative function and the County Executive has exclusive jurisdiction. In Silver Spring Memorial Post No. 2562, VFW v. Montgomery County, 207 Md. 442, 115 A.2d 249 (1955), it was held that the County was authorized to enact this section. The front foot method of assessment was held to be valid.