Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1024*
HOUSE BILL 1024
N1 6lr2864
HB 631/25 – ECM
By: Delegates Rose, Adams, Arikan, Baker, Bouchat, Griffith, Guyton,
Hornberger, R. Long, McComas, Miller, Reilly, Tomlinson, Valentine, and
Wivell
Introduced and read first time: February 9, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Eminent Domain – Agricultural and Conservation Easements – Prohibited 2
Taking 3
FOR the purpose of prohibiting the State or any of its instrumentalities or political 4
subdivisions from taking certain property that is subject to a permanent agricultural 5
or conservation easement; and generally relating to eminent domain. 6
BY repealing and reenacting, with amendments, 7
Article – Real Property 8
Section 12–101 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Real Property 14
12–101. 15
(a) All proceedings for the acquisition of private property for public use by 16
condemnation are governed by the provisions of this title and of Title 12, Chapter 200 of 17
the Maryland Rules. 18
(b) (1) [Nothing] EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS 19
SUBSECTION, NOTHING in this title prevents this State or any of its instrumentalities or 20
political subdivisions, acting under statute or ordinance passed pursuant to Article III of 21
2 HOUSE BILL 1024
the Maryland Constitution, from taking private prop erty for public use immediately on 1
making the required payment and giving any required security. 2
(2) THE STATE OR ANY OF ITS I NSTRUMENTALITIES OR POLITICAL 3
SUBDIVISIONS MAY NOT TAKE BY EMINENT DOMAIN PRIVATELY OWNED PROPERTY 4
THAT IS SUBJECT TO A PERPETUAL AGRICULTURAL OR CONSERVATION EASEMENT. 5
(c) This title does not prevent the State Roads Commission from using the 6
procedures set forth in Title 8, Subtitle 3 of the Transportation Article, or prevent Baltimore 7
City from using the procedure set f orth in the Charter of Baltimore City and §§ 21 –12 8
through 21–22, inclusive, of the Public Local Laws of Baltimore City. 9
(d) Notwithstanding any other law, from June 1, 2014, to May 30, 2016, both 10
inclusive, the State or any of its instrumentalities or political subdivisions may not acquire 11
a mortgage or deed of trust by condemnation. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14