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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1244*
HOUSE BILL 1244
N1, C5 6lr2530
CF SB 630
By: Delegates Rose, Adams, Arikan, Bouchat, Griffith, Hornberger, R. Long,
McComas, Miller, Reilly, and Tomlinson
Introduced and read first time: February 11, 2026
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Overhead Transmission Lines and Eminent Domain – Property Value – Damages 2
FOR the purpose of authorizing the owner of property used for residential purposes to bring 3
an action to recover damages incurred as a result of the value of the property being 4
diminished from the use of eminent domain to take property and construct an 5
overhead transmission line within a certain distance of the property owner’s 6
residence; requiring that reasonable fees be awarded to counsel for the defendant in 7
a condemnation proceeding and that the costs be charged against the plaintiff under 8
certain circumstances; and gener ally relating to overhead transmission lines and 9
eminent domain. 10
BY adding to 11
Article – Real Property 12
Section 12–104(h) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Real Property 17
Section 12–105(b) and 12–107(b) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Real Property 22
Section 12–107(a) 23
Annotated Code of Maryland 24
(2023 Replacement Volume and 2025 Supplement) 25
2 HOUSE BILL 1244
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Real Property 3
12–104. 4
(H) (1) THE OWNER OF PROPERTY THAT IS USED FOR RES IDENTIAL 5
PURPOSES MAY BRING AN ACTION IN A COU RT OF COMPETENT JURI SDICTION FOR 6
DAMAGES INCURRED AS THE RESULT OF THE VA LUE OF THAT PROPERTY BEING 7
DIMINISHED BY THE TA KING OF ANOTHER PROP ERTY IN ACCORDANCE W ITH THIS 8
SUBTITLE IF THE PROPERTY BEING TAKEN: 9
(I) IS LOCATED WITHIN 300 FEET OF THE OWNER’S RESIDENCE; 10
AND 11
(II) WAS TAKEN IN CONJUNCTION WITH THE CONSTRUCTION OF 12
AN OVERHEAD TRANSMISSION LINE OR RELATED INFRASTRUCTURE. 13
(2) A PROPERTY OWNER WHO B RINGS AN ACTION UNDE R THIS 14
SUBSECTION AND IS AW ARDED DAMAGES MAY AL SO SEEK , AND THE COURT MAY 15
AWARD, REASONABLE ATTORNEY’S FEES. 16
(3) A PROPERTY OWNER MAY BRING AN ACTION UNDER PARAGRAPH 17
(1) OF THIS SUBSECTION O N THE ENTERING OF TH E FINAL DECISION IN A 18
CONDEMNATION PROCEEDING. 19
12–105. 20
(b) (1) (I) The fair market value of property in a condemnation proceeding 21
is the price as of the valuation date for the highest and best use of the property which a 22
vendor, willing but not obligated to sell, would accept for the property, and which a 23
purchaser, willing but not obligated to buy, would pay, excluding any increment in value 24
proximately caused by the public project for which the property condemned is needed. [In 25
addition, fair] 26
(II) FAIR market value includes any amount by which the price 27
reflects a diminution in value occurring between the effective date of legislative authority 28
for the acquisition of the property and the date of actual taking if the trier of facts finds 29
that the diminut ion in value was proximately caused by the public project for which the 30
property condemned is needed, or by announcements or acts of the plaintiff or its officials 31
concerning the public project, and was beyond the reasonable control of the property owner. 32
HOUSE BILL 1244 3
(2) (I) THIS PARAGRAPH APPLIE S ONLY TO A CONDEMNA TION 1
PROCEEDING RELATED T O THE CONSTRUCTION O F AN OVERHEAD TRANSM ISSION 2
LINE IN ACCORDANCE WITH § 7–207 OF THE PUBLIC UTILITIES ARTICLE. 3
(II) IF THE FINAL DECISION IN A CONDEMNATION PROCEEDING 4
IS THAT THE ASSESSED VALUE OF THE PROPERTY IS GREATER THAN THE APPRAISED 5
VALUE PLACED ON THE PROPERTY BY THE COND EMNING AUTHORITY , A 6
REASONABLE COUNSEL F EE FIXED BY THE TRIA L COURT SHALL BE AWA RDED TO 7
COUNSEL FOR THE DEFENDANT AND CHARGED AGAINST THE PLAINTIFF TOGETHER 8
WITH THE OTHER COSTS OF THE CASE. 9
12–107. 10
(a) Any party to a condemnation case may appeal from a final judgment or 11
determination in the manner prescribed by the Maryland Rules. 12
(b) (1) If the final decision on appeal is that the plaintiff is no t entitled to 13
condemn the property, a reasonable counsel fee fixed by the trial court shall be awarded to 14
counsel for the defendant and charged against the plaintiff together with the other costs of 15
the case. 16
(2) (I) THIS PARAGRAPH APPLIE S ONLY TO THE A PPEAL OF A 17
CONDEMNATION CASE RE LATED TO THE CONSTRU CTION OF AN OVERHEAD 18
TRANSMISSION LINE IN ACCORDANCE WITH § 7–207 OF THE PUBLIC UTILITIES 19
ARTICLE. 20
(II) IF THE FINAL DECISION ON APPEAL IS THAT THE ASSESSED 21
VALUE OF THE PROPERTY IS GREATER THAN THE APPRAISED VALUE PLACED ON THE 22
PROPERTY BY THE CONDEMNING AUTHORITY, A REASONABLE COUNSEL FEE FIXED 23
BY THE TRIAL COURT S HALL BE AWARDED TO C OUNSEL FOR THE DEFENDANT AND 24
CHARGED AGAINST THE PLAINTIFF TOGETHER W ITH THE OTHER COSTS OF THE 25
CASE. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28