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Allegany County launches eminent-domain process to acquire local water systems amid affordability complaints
Summary
The Allegany County commissioners adopted a resolution authorizing eminent-domain proceedings to condemn water and wastewater systems owned by Maryland Water Service/Nexus after residents and lawmakers described steep, unaffordable bills in Bel Air, Pinto, Glen Oaks and Highland Estates.
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The Allegany County Board of County Commissioners voted to authorize condemnation proceedings against water and sewer systems owned by Maryland Water Service, Inc. (MWS) and Nexus Regulated Utilities LLC in order to protect residents in Bel Air, Pinto, Glen Oaks and Highland Estates.
County Attorney Beeman told the board the resolution (26‑10) declares public necessity for converting the systems to public ownership and authorizes the county attorney to "file all actions reasonably necessary to effectuate the taking of the condemned property." Beeman said the county will first seek good‑faith negotiations for fair market value and, if those fail, will file an eminent‑domain action in circuit court.
The action followed a letter read into the record from members of the congressional delegation urging the county to move forward. Administrator Bennett read constituent accounts that described households rationing water and paying monthly bills reportedly in the $285–$350 range. Community leader Mr. Smith urged the board to act, saying "No hardworking family in America should ever have the fear of flushing a toilet, washing clothes, bathing a child, or taking a shower because access to water has simply become unaffordable." He said approximately 2,200 residents in the affected communities had reported problems.
Beeman said the resolution lists multiple findings: that MWS/Nexus charge rates that are "unconscionable and unsustainable" for affected citizens; that public ownership is reasonably necessary to protect health, safety and economic stability; and that the county is authorized under Maryland law to proceed. Beeman also said the county will send copies of the executed resolution to the Maryland Public Service Commission (PSC) and to the utilities, and that the move could affect a pending transfer of control to Maryland American Water/AWWC that regulators have approved.
Residents and several commissioners framed the measure as a step to stabilize and lower local rates and to restore reliable service. The county did not specify a purchase price; Beeman said the county will attempt negotiation and only file in court if negotiation fails. The transcript indicates the transfer the utilities sought would not be consummated until July 19, and Beeman said the county would provide notice to regulators and stakeholders as it proceeds.
Next steps: the county will notify the PSC and the companies, attempt valuation negotiations, and—if no agreement is reached—file condemnation proceedings in circuit court. The board said it will keep the public updated as the process proceeds.
