CUMBERLAND — Allegany County officials in coming weeks are expected to initiate an eminent domain process to take over a privately-owned water system.
County commissioners and staff discussed the plan at a work session Thursday.
The move aims to help Maryland Water Service customers in Bel Air, Pinto, Glen Oaks and Highland Estates lower their costs for water. Residents of that area say their monthly water and sanitation bills are unusually high with some that have reached $400 to $900.
Allegany County Attorney T. Lee Beeman said he and attorney Gorman “Mike” Getty created a plan for condemnation of the water system.
Eminent domain is the power government has to take private property for public use, while condemnation is the act of taking.
“I expect that by next (county) meeting we’ll have a resolution,” Beeman said of a document that if approved by commissioners will initiate the legal action. “That starts the clock to allow the eminent domain process through the circuit court to begin.”
Under the process, Maryland Water would have a chance to put a price tag on the system, which could lead to negotiations with the county.
If the parties don’t agree on a purchase price, the eminent domain process continues through the legal system, Beeman said.
To exacerbate the problem, Cumberland’s mayor and City Council are considering 8% water and 11% sewer rate increases for their Fiscal 2027 budget.
Maryland Water buys its water from the county, which purchases the water from Cumberland.
Allegany County Commissioner Bill Atkinson suggested the county talk to Cumberland officials “to see if they would be willing to at least forgo (the rate increase for) those customers out there.”
However, the city’s water cost to the county is complex and changes depending on the area, Allegany County Director of Public Works Adam Patterson said.
“I’ve been unsuccessful working with Cumberland on trying to get just a one-size … rate,” he said.
Patterson said perhaps part of the city’s fee could be lowered.
“We have an agreement with them that was set in 2019 that has a markup associated with it and the transportation costs are set in that markup,” he said.
Patterson said the county will ask Cumberland officials to reduce the fees for the Bel Air area customers.
Allegany County Administrator Jason Bennett suggested the request include a possible transportation cost freeze by the city.
Some Maryland Water customers addressed the issue at the county commissioners meeting that followed Thursday’s work session.
Bel Air resident Larry Smith said the area in the past nine months experienced a cumulative 26.675% rate increase.
He spoke of some extreme water conservation methods the residents endure.
“We are tired of seeing 80-year-old married couples have to reuse bath water,” he said. “We are tired of seeing children being bullied at school because they can only take a bath one day a week.”