Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1550*
HOUSE BILL 1550
N1 CONSTITUTIONAL AMENDMENT 6lr2359
By: Delegate Grammer
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Eminent Domain and Condemnation Authority – Repeal 2
(Property Rights Protection Act) 3
FOR the purpose of repealing the authority of the State to engage in eminent domain; 4
repealing certain provisions of law relating to the State’s eminent domain and 5
condemnation authority ; and generally relating to condemnation and eminent 6
domain. 7
BY repealing 8
Article – Public Utilities 9
Section 5–403, 5 –404, 5 –408, 5 –411, 7 –210(e), 21–101(d) and (e), 21 –102; 21–201 10
through 21–207 and the subtitle “Subtitle 2. Prince George’s County Quick 11
Take”; and 23–104 12
Annotated Code of Maryland 13
(2025 Replacement Volume and 2025 Supplement) 14
BY repealing 15
Article – Real Property 16
Section 11–112; and 12–101 through 12 –212 a nd the title “Title 12. Eminent 17
Domain” 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
BY repealing 21
Article – Transportation 22
Section 4–206, 5–4A–01(j), 6–301, 8–303(d), and 8–307(c); 8–318 through 8–333 and 23
the part “Part III. “Quick –Take” Condemnation by Commission – Board of 24
Property Review Procedure”; and 8–334 through 8–339 and the part “Part IV. 25
“Quick–Take” Condemnation by Commission – Accelerated Procedure” 26
Annotated Code of Maryland 27
(2020 Replacement Volume and 2025 Supplement) 28
2 HOUSE BILL 1550
BY proposing an amendment to the Maryland Constitution 1
Article III – Legislative Department 2
Section 40 and 61 3
BY proposing a repeal of the Maryland Constitution 4
Article III – Legislative Department 5
Section 40A, 40B, and 40C 6
BY proposing an amendment to the Maryland Constitution 7
Article XI–B – City of Baltimore – Land Development and Redevelopment 8
Section 1 9
BY proposing an amendment to the Maryland Constitution 10
Article XI–C – Off–Street Parking 11
Section 1 12
BY proposing an amendment to the Maryland Constitution 13
Article XI–D – Port Development 14
Section 1 15
BY repealing 16
Article – Agriculture 17
Section 2–515 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Agriculture 22
Section 5–401 23
Annotated Code of Maryland 24
(2016 Replacement Volume and 2025 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Alcoholic Beverages and Cannabis 27
Section 11–1702(c) and 17–1703(a) 28
Annotated Code of Maryland 29
(2024 Replacement Volume and 2025 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Business Regulation 32
Section 11–521 33
Annotated Code of Maryland 34
(2024 Replacement Volume and 2025 Supplement) 35
BY repealing 36
Article – Corporations and Associations 37
HOUSE BILL 1550 3
Section 5–607(a)(16) 1
Annotated Code of Maryland 2
(2025 Replacement Volume) 3
BY repealing and reenacting, with amendments, 4
Article – Corporations and Associations 5
Section 5–607(a)(17) through (20) and 5–637(a) 6
Annotated Code of Maryland 7
(2025 Replacement Volume) 8
BY repealing and reenacting, with amendments, 9
Article – Correctional Services 10
Section 11–307(b)(1) 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13
BY repealing 14
Article – Courts and Judicial Proceedings 15
Section 4–401(15) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Courts and Judicial Proceedings 20
Section 4–401(a)(16) through (18) 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2025 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Criminal Law 25
Section 12–307(a) 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2025 Supplement) 28
BY repealing and reenacting, with amendments, 29
Article – Economic Development 30
Section 10–116, 10–117(b), 10–211(a), 10–620, 12–207(a)(1), 12–710(7), 12–803, and 31
12–806 32
Annotated Code of Maryland 33
(2024 Replacement Volume and 2025 Supplement) 34
BY repealing and reenacting, with amendments, 35
Article – Education 36
Section 3–6A–01(g)(3) and 3–701(f)(7) 37
Annotated Code of Maryland 38
(2025 Replacement Volume and 2025 Supplement) 39
4 HOUSE BILL 1550
BY repealing 1
Article – Education 2
Section 4–119 3
Annotated Code of Maryland 4
(2025 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 16–103(e), 16–606(d), 23–202(f)(2)(iii), 23–202.1(j)(3)(ii), and 24–513(b) 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2025 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 1–808(a) 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2025 Supplement) 15
BY repealing 16
Article – Environment 17
Section 4–311 and 7–228 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2025 Supplement) 20
BY repealing 21
Article – Environment 22
Section 9–633, 9–665(f), 9–706, 14–203 through 14–205, and 14–208 23
Annotated Code of Maryland 24
(2014 Replacement Volume and 2025 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Environment 27
Section 9 –665(g), (h), and (i), 9 –668, 9 –711(a), 9 –801(b), 9 –804(a)(2), 28
9–920, 14–202, and 15–1108(a) and (e) 29
Annotated Code of Maryland 30
(2014 Replacement Volume and 2025 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Financial Institutions 33
Section 13–1009 34
Annotated Code of Maryland 35
(2020 Replacement Volume and 2025 Supplement) 36
BY repealing and reenacting, with amendments, 37
Article – General Provisions 38
Section 4–350 39
Annotated Code of Maryland 40
HOUSE BILL 1550 5
(2019 Replacement Volume and 2025 Supplement) 1
BY repealing 2
Article – General Provisions 3
Section 6–104 4
Annotated Code of Maryland 5
(2019 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Health – General 8
Section 4–215(e)(5) and 7–606(a)(1)(i) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
BY repealing 12
Article – Housing and Community Development 13
Section 4–214 and 12–502(i) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2025 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Housing and Community Development 18
Section 12–502(j) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2025 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Land Use 23
Section 17–108 and 17–213 24
Annotated Code of Maryland 25
(2012 Volume and 2024 Supplement) 26
BY repealing 27
Article – Land Use 28
Section 17–109, 17–110, and 25–403 29
Annotated Code of Maryland 30
(2012 Volume and 2024 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Local Government 33
Section 1 –801(c), 5 –215, 10 –312(b)(1), 12 –406(d)(1)(i), 12 –412(a), 12 –621(c), 34
21–209(a)(1); and the subtitle designation “Subtitle 5. Rights –of–Way” 35
immediately preceding Section 27–501 36
Annotated Code of Maryland 37
(2013 Volume and 2025 Supplement) 38
BY repealing 39
6 HOUSE BILL 1550
Article – Local Government 1
Section 25–604, 26–602, and 27–502 2
Annotated Code of Maryland 3
(2013 Volume and 2025 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Natural Resources 6
Section 3–104(i), 3–305, 8–411, 8–1307, 10–801(a), and 10–802 7
Annotated Code of Maryland 8
(2023 Replacement Volume and 2025 Supplement) 9
BY repealing 10
Article – Natural Resources 11
Section 5–208 and 8–204(c) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Public Safety 16
Section 13–216 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2025 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Public Utilities 21
Section 5–402, 5–405, 5–406, 5–407, and 5–410(b) to be under the amended subtitle 22
“Subtitle 4. Franchises”; and 7 –207(b)(4)(i), 9 –305, 9 –306(a), 22 –102(a)(1), 23
23–103, 25–212, and 27–107(c) 24
Annotated Code of Maryland 25
(2025 Replacement Volume and 2025 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Real Property 28
Section 8A–1802(b), 11–123(a), and 11–125(f)(4) 29
Annotated Code of Maryland 30
(2023 Replacement Volume and 2025 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – State Finance and Procurement 33
Section 5A–305(b) and (c) 34
Annotated Code of Maryland 35
(2021 Replacement Volume and 2025 Supplement) 36
BY repealing 37
Article – State Finance and Procurement 38
Section 10–202 39
Annotated Code of Maryland 40
HOUSE BILL 1550 7
(2021 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Tax – Property 3
Section 8–211(m) 4
Annotated Code of Maryland 5
(2019 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Transportation 8
Section 5–405, 5–417, 5–420(b), 5–602, 5–616, 5–823(a), 6–303(a), 6–304, 7–204(d), 9
7–301(b)(3), 7–401, 7–901(b), 8–218, 8–302, 8–313(b), 8–625(d)(2), and 10
8–809(c) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Transportation 15
Section 8–625(d)(1) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That Section(s) 21–201 through 21–207 and the subtitle “Subtitle 2. Prince George’s County 20
Quick Take” of Article – Public Utilities of the Annotated Code of Maryland be repealed. 21
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 12 –101 through 22
12–212 and the title “Title 12. Eminent Domain” of Article – Real Property of the Annotated 23
Code of Maryland be repealed. 24
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 8 –318 through 25
8–333 and the part “Part III. “Quick –Take” Condemnation by Commissi on – Board of 26
Property Review Procedure”; and Section(s) 8 –334 through 8 –339 and the part “Part IV. 27
“Quick–Take” Condemnation by Commission – Accelerated Procedure” of Article – 28
Transportation of the Annotated Code of Maryland be repealed. 29
SECTION 4. AND BE IT FURTHER ENACTED, (Three–fifths of all the members 30
elected to each of the two Houses concurring), That it be proposed that the Maryland 31
Constitution read as follows: 32
Article III – Legislative Department 33
40. 34
The General Assembly shall enact no Law authorizing private property[,] to be taken 35
for public use[, without just compensation, as agreed upon between the parties, or awarded 36
by a Jury, being first paid or tendered to the party entitled to such compensation]. 37
8 HOUSE BILL 1550
[40A. 1
The General Assembly shall enact no law authorizing private property to be taken 2
for public use without just compensation, to be agreed upon between the parties, or awarded 3
by a jury, being first paid or tendered to the party entitled to such compensation, but where 4
such property is situated in Baltimore City and is desired by this State or by the Mayor and 5
City Council of Baltimore, the General Assembly may provide that such property may be 6
taken immediately upon payment therefor to the owner or owners thereof by the State or 7
by the Mayor and City Council of Baltimore, or into court, such amount as the State or the 8
Mayor and City Council of Baltimore, as the case may be, shall estimate to be the fair value 9
of said property, provided such legislation also requires the payment of any further sum 10
that may subsequently be added by a jury; and further provided that the authority and 11
procedure for the immediate taking of property as it applies to the Mayor and City Council 12
of Baltimore on June 1, 1961, shall remain in force and effect to and including June 1, 1963, 13
and where such property is situated in Baltimore County and is desired by Baltimore 14
County, Maryland, the County Council of Baltimore County, Maryland, may provide for the 15
appointment of an appraiser or appraisers by a Court of Record to value such property and 16
that upon payment of the amount of such evaluation, to the party entitled to compensation, 17
or into Court, and securing the payment of any further sum that may be awarded by a jury, 18
such property may be taken; and where such property is situated in Montgomery County 19
and in the judgment of and upon a finding by the County Council of said County that there 20
is immediate need therefor for right of way for County roads or streets, the County Council 21
may provide that such prop erty may be taken immediately upon payment therefor to the 22
owner or owners thereof, or into court, such amount as a licensed real estate broker or a 23
licensed and certified real estate appraiser appointed by the County Council shall estimate 24
to be the fair market value of such property, provided that the Council shall secure the 25
payment of any further sum that may subsequently be awarded by a jury. In the various 26
municipal corporations within Cecil County, where in the judgment of and upon a finding 27
by the governing body of said municipal corporation that there is immediate need therefor 28
for right of way for municipal roads, streets and extension of municipal water and sewage 29
facilities, the governing body may provide that such property may be taken immediate ly 30
upon payment therefor to the owner or owners thereof, or into court, such amount as a 31
licensed real estate broker appointed by the particular governing body shall estimate to be 32
a fair market value of such property, provided that the municipal corporati on shall secure 33
the payment of any further sum that subsequently may be awarded by a jury. This Section 34
40A shall not apply in Montgomery County or any of the various municipal corporations 35
within Cecil County, if the property actually to be taken includes a building or buildings.] 36
[40B. 37
The General Assembly shall enact no law authorizing private property to be taken 38
for public use without just compensation, to be agreed upon between the parties or awarded 39
by a jury, being first paid or tendered to the party entitled to such compensation, except 40
that where such property in the judgment of the State Roads Commission is needed by the 41
State for highway purposes, the General Assembly may provide that such property may be 42
taken immediately upon payment theref or to the owner or owners thereof by said State 43
HOUSE BILL 1550 9
Roads Commission, or into Court, such amount as said State Roads Commission shall 1
estimate to be of the fair value of said property, provided such legislation also requires the 2
payment of any further sum that may subsequently be awarded by a jury.] 3
[40C. 4
The General Assembly shall enact no law authorizing private property to be taken 5
for public use without just compensation, to be agreed upon between the parties or awarded 6
by a jury, being first paid or te ndered to the party entitled to such compensation, except 7
that where such property, located in Prince George’s County in this State, is in the 8
judgment of the Washington Suburban Sanitary Commission needed for water supply, 9
sewerage and drainage systems to be extended or constructed by the said Commission, the 10
General Assembly may provide that such property, except any building or buildings may 11
be taken immediately upon payment therefor by the condemning authority to the owner or 12
owners thereof or into the Court to the use of the person or persons entitled thereto, such 13
amount as the condemning authority shall estimate to be the fair value of said property, 14
provided such legislation requires that the condemning authority’s estimate be not less 15
than the appraised value of the property being taken as evaluated by at least one qualified 16
appraiser, whose qualifications have been accepted by a Court of Record of this State, and 17
also requires the payment of any further sum that may subsequently be awarded by a jury, 18
and provided such legislation limits the condemning authority’s utilization of the 19
acquisition procedures specified in this section to occasions where it has acquired or is 20
acquiring by purchase or other procedures one –half or more of the several takings of land 21
or interests in land necessary for any given water supply, sewerage or drainage extension 22
or construction project.] 23
61. 24
(a) The General Assembly may authorize and empower any county or any 25
municipal corporation, by public local law: 26
(1) To carry out urban renewal projects which shall be limited to slum 27
clearance in slum or blighted areas and redevelopment or the rehabilitation of slum or 28
blighted areas, and to include the acquisition, within the boundary lines of such county or 29
municipal corporation, of land and property of every kind and any right, interest, franchise, 30
easement or privilege therein, by purchase, lease, gift, [condemnation] or any other legal 31
means. The term “slum area” shall mean any area where dwellings predominate which, by 32
reason of depreciation, overcrowding, faulty arrangement or design, lack of ventilation, 33
light or sanitary facilities, or any combination of these factors, are detrimental to the public 34
safety, health or morals. The term “blighted area” shall mean an ar ea in which a majority 35
of buildings have declined in productivity by reason of obsolescence, depreciation or other 36
causes to an extent they no longer justify fundamental repairs and adequate maintenance. 37
(2) To sell, lease, convey, transfer or otherwise dispose of any of said land 38
or property, regardless of whether or not it has been developed, redeveloped, altered or 39
improved and irrespective of the manner or means in or by which it may have been 40
10 HOUSE BILL 1550
acquired, to any private, public or quasi public corporation, partnership, association, person 1
or other legal entity. 2
No land or property MAY BE taken by any county or any municipal corporation for 3
any of the aforementioned purposes or in connection with the exercise of any of the powers 4
which may be granted to such county or municipal corporation pursuant to this section by 5
exercising the power of eminent domain [shall be taken without just compensation, as 6
agreed upon between the parties, or awarded by a jury, being first paid or tendered to the 7
party entitled to such compensation. 8
All land or property needed, or taken by the exercise of the power of eminent domain, 9
by any county or any municipal corporation for any of the aforementioned purposes or in 10
connection with the exercise of any of the powers which may be granted pursuant to this 11
section is hereby declared to be needed or taken for public uses and purposes ]. Any or all 12
of the activities authorized pursuant to this section shall constitute governmental functions 13
undertaken for public uses and purposes and the power of taxation may be exercised, public 14
funds expended and public credit extended in furtherance thereof. 15
Article XI–B – City of Baltimore – Land Development and Redevelopment 16
1. 17
The General Assembly of Maryland, by public local law, may authorize and empower 18
the Mayor and City Council of Baltimore: 19
(a) To acquire, within the boundary lines of Baltimore City, land and property of 20
every kind, and any right, interest, franchise, easement or privilege therein, by purchase, 21
lease, gift, [condemnation] or any other legal means, for development or redevelopment, 22
including, but not limited to, the comprehensive renovation or rehabilitation thereof; and 23
(b) To sell, lease, convey, transfer or otherwise dispose of any of said land or 24
property, reg ardless of whether or not it has been developed, redeveloped, altered or 25
improved and irrespective of the manner or means in or by which it may have been 26
acquired, to any private, public or quasi public corporation, partnership, association, person 27
or other legal entity. 28
No land or property MAY BE taken by the Mayor and City Council of Baltimore for 29
any of the aforementioned purposes or in connection with the exercise of any of the powers 30
which may be granted to the Mayor and City Council of Baltimore pursuant to this Article 31
by exercising the power of eminent domain[, shall be taken without just compensation, as 32
agreed upon between the parties, or awarded by a jury, being first paid or tendered to the 33
party entitled to such compensation. 34
All land or property needed, or taken by the exercise of the power of eminent domain, 35
by the Mayor and City Council of Baltimore for any of the aforementioned purposes or in 36
connection with the exercise of any of the powers which may be granted to the Mayor and 37
HOUSE BILL 1550 11
City Council of Baltimore pursuant to this Article is hereby declared to be needed or taken 1
for a public use]. 2
Article XI–C – Off–Street Parking 3
1. 4
The General Assembly of Maryland, by public local law, may authorize the Mayor 5
and City Council of Baltimore: 6
(a) Within the City of Baltimore to acquire land and property of every kind, and 7
any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, 8
[condemnation] or any other legal means, for storing, parking and servicing self–propelled 9
vehicles, provided, that no petroleum products shall be sold or offered for sale at any 10
entrance to or exit from, any land so acquired or at any entrance to, or exit from, any 11
structure erected thereon, when any entrance to, or exit from, any such lan d or structure 12
faces on a street or highway which is more than 25 feet wide from curb to curb; and 13
(b) To sell, lease, convey, transfer or otherwise dispose of any of said land or 14
property, regardless of whether or not it has been developed, redeveloped, altered, or 15
improved and irrespective of the manner or means in or by which it may have been 16
acquired, to any private, public or quasi public corporation, partnership, association, person 17
or other legal entity. 18
No land or property MAY BE taken by the Mayor and City Council of Baltimore for 19
any of the aforementioned purposes or in connection with the exercise of any of the powers 20
which may be granted to the Mayor and City Council of Baltimore pursuant to this Article 21
by exercising the power of eminent domain[, shall be taken without just compensation, as 22
agreed upon between the parties, or awarded by a jury, being first paid or tendered to the 23
party entitled to such compensation. 24
All land or property needed, or taken by the exercise of the power of eminent domain, 25
by the Mayor and City Council of Baltimore for any of the aforementioned purposes or in 26
connection with the exercise of any of the powers which may be granted to the Mayor and 27
City Council of Baltimore pursuant to this Article is hereby declared to be needed or taken 28
for a public use]. 29
Article XI–D – Port Development 30
1. 31
The General Assembly of Maryland, by public local law, may authorize the Mayor 32
and City Council of Baltimore: 33
(a) To acquire land and property of every kind, and any right, interest, franchise, 34
easement or privilege therein, in adjoining or in the vicinity of the Patapsco River or its 35
12 HOUSE BILL 1550
tributaries, by purchase, lease, gift, [condemnation] or any other legal means, for or in 1
connection with extending, developing or improving the harbor or port of Baltimore and its 2
facilities and the highways and approaches thereto; and providing, further, that the Mayor 3
and City Council of Baltimore shall not acquire any such land or property, or any such 4
right, interest, franchise, easement or privilege therein, for any of said purposes, in any of 5
the counties of this State without the prior consent and approval by resolution duly passed 6
after a public hearing, by the governing body of the county in which such land or property, 7
or such right, in terest, franchise, easement or privilege therein, is situate; and provided, 8
further, that Anne Arundel County shall retain jurisdiction and power to tax any land so 9
acquired by the Mayor and City Council of Baltimore under the provisions of this Act. 10
(b) To sell, lease, convey, transfer or otherwise dispose of any of said land or 11
property, regardless of whether or not it is undeveloped or has been developed, redeveloped, 12
altered, or improved and irrespective of the manner or means in or by which it may ha ve 13
been acquired, to any private, public or quasi public corporation, partnership, association, 14
person or other legal entity. 15
No land or property MAY BE taken by the Mayor and City Council of Baltimore for 16
any of the aforementioned purposes or in connection with the exercise of any of the powers 17
which may be granted to the Mayor and City Council of Baltimore pursuant to this Article 18
by exercising the power of eminent domain[, shall be taken without just compensation, as 19
agreed upon between the parties, or awarded by a jury, being first paid or tendered to the 20
party entitled to such compensation. 21
All land or property needed, or taken by the exercise of the power of eminent domain, 22
by the Mayor and City Council of Baltimore for any of the aforementioned pu rposes or in 23
connection with the exercise of any of the powers which may be granted to the Mayor and 24
City Council of Baltimore pursuant to this Article is hereby declared to be needed or taken 25
for a public use]. 26
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
as follows: 28
Article – Agriculture 29
[2–515. 30
(a) (1) Subject to the provisions of paragraph (2) of this subsection, this 31
subtitle does not prohibit an agency of the State or of a county or other governmental 32
authority from acquiring by condemnation land which is under an agricultural preservation 33
easement held by the Foundation or a county agricultural land preservation program if 34
such acquisition is for a public purpose. 35
(2) (i) In this paragraph, “economic or residentia l development” does 36
not include: 37
1. Roads or bridges; 38
HOUSE BILL 1550 13
2. Water lines or pipelines; 1
3. Sewer lines or pipelines; 2
4. Power transmission lines or natural gas pipelines; or 3
5. Stormwater or drainage facilities. 4
(ii) If the purpose of the condemnation of land under a Foundation 5
easement is either for economic or residential development or parkland, the acquisition of 6
the land shall be subject to approval by the Board of Public Works after review and 7
recommendation of the Foundation. 8
(iii) The condemning authority shall demonstrate that: 9
1. A greater public purpose exists than that served by the 10
Foundation easement; and 11
2. There is no reasonable alternative site. 12
(b) (1) This subsection applies only to an agricultural land preservation 13
easement: 14
(i) Acquired by a county land preservation program on or before 15
June 30, 2018; or 16
(ii) Approved for purchase by the Board of Public Works on or before 17
June 30, 2018, and held by the Foundation. 18
(2) In the event of condemnation of land under an agricultural preservation 19
easement held by the Foundation, the condemning authority, whether State, county, or 20
other authority, shall pay: 21
(i) To the landowner the full amount to which the landowner would 22
be entitled if the land was not under easement, less any amount paid to the Foundation, a 23
county agricultural land preservation program, or other entity under item (ii) of this 24
paragraph; and 25
(ii) To the Maryland Agricultural Land Preservation Fund, a county 26
agricultural land preservation program, or any other entity contributing payment for the 27
original easement purchase, an amount equal to any amount paid by the Foundation, a 28
county agricultural land preservation program, or other entity for the easement. 29
(3) If a part or all of the property is acquired by the exercise of the power 30
of eminent domain, the fair market value of the property is not affected by its having been 31
14 HOUSE BILL 1550
qualified for a tax credit under § 9–206 of the Tax – Property Article except that there shall 1
be deducted from fair market value the lesser of: 2
(i) The value of the easement granted; or 3
(ii) The excess of the aggregate amount of the property taxes that 4
would have been due on the property if the easement had not been granted above the 5
aggregate amount of property taxes actually paid on the property since the easement was 6
granted. 7
(4) If the Foundation or a county agricultural land preservation program 8
purchases the easement for a monetary consideration, other than or in addition to, the tax 9
credit, the condemnation award shall be further reduced by an amount equal to the 10
additional consideration. 11
(c) (1) This subsection applies only to an agricultural land preservation 12
easement: 13
(i) Acquired by the Foundation by donation on or after July 1, 2018; 14
or 15
(ii) Approved for purchase by the Board of Public Works on or after 16
July 1, 2018, and held by the Foundation. 17
(2) In the event of condemnation of land under an agricultural preservation 18
easement, the condemning authority, whether State, county, or other authority, shall pay: 19
(i) To the landowner the full amount to which the landowner would 20
be entitled if the land was not under easement, less any amount paid to the Foundation 21
under item (ii) of this paragraph; and 22
(ii) To the Maryland Agricultural Land Preservation Fund an 23
amount equal to the fair market value of the easement, which shall be determined by a 24
qualified appraisal that establishes the ratio of the value of the easement interest to the 25
value of the fee simple interest in the land as of the date of condemnation. 26
(3) If an easement was originally purchased with funds contributed by 27
entities other than the Foundation, the Foundation shall distribute to the contributing 28
entity a portion of the fair market value compen sation in proportion to the percentage of 29
the original easement purchase price contributed by the entity.] 30
5–401. 31
The Secretary, in the name of the State, may acquire for its use property rights of 32
any kind by gift[, purchase, or condemnation] OR PURCHASE from the owner, as it deems 33
desirable or necessary for the purpose of carrying out the provisions of this subtitle. 34
HOUSE BILL 1550 15
Article – Alcoholic Beverages and Cannabis 1
11–1702. 2
(c) Within 1 year after the date of final approval by the Board, and in accordance 3
with all applicable laws and regulations on transfers of licenses, an approved applicant may 4
transfer the license to other premises within one –half mile if the premises for which the 5
license was issued is: 6
(1) substantially destroyed by fire, explosion, or catastrophe; 7
(2) taken by condemnation; OR 8
(3) [taken by the exercise of the power of eminent domain; or 9
(4)] no longer leased by the license holder due to the delay of a court case or 10
other administrative process delay. 11
17–1703. 12
(a) On approval by the Board, a holder of a license may transfer the license to 13
other premises in the same election district if the premises for which the license was issued 14
is[: 15
(1)] substantially destroyed by fire, explosion, or catastrophe[; 16
(2) taken by condemnation; or 17
(3) taken by the exercise of the power of eminent domain]. 18
Article – Business Regulation 19
11–521. 20
[(a) In addition to the other provisions of this subtitle, in accordance with the 21
sovereign power of the State and the provisions of Article III, §§ 40 and 40A of the Maryland 22
Constitution, and subject to subsections (b) and (c) of this section, the ] THE State may 23
acquire by purchase [or condemnation for public use with just compensation] some or all of 24
the following real, tangible, and intangible private property, including any contractual 25
interests or intellectual property: 26
(1) Pimlico Race Course, a racetrack located in Baltimore City, including 27
any and all property or property rights associated with it wherever located, whether 28
tangible, intangible, real, personal, or mixed, and any business entity that owns it; 29
16 HOUSE BILL 1550
(2) Laurel Park, a racetrack located in Anne Arundel County, including 1
any and all property or property rights associated with it wherever located, whether 2
tangible, intangible, real, personal, or mixed, and any business entity that owns it; 3
(3) Bowie Race Course Training Center, a training center located in Prince 4
George’s County, including any and all property or property rights associated with it 5
wherever located, whether tangible, intangible, real, personal, or mixed, and any business 6
entity that owns it; 7
(4) the Preakness Stakes trophy that is known as the Woodlawn Vase, 8
including any and all property or property rights associated with it, whether tangible, 9
intangible, real, personal, or mixed, and any business entity that owns it; 10
(5) the name, common law and statutory copyrights, service marks, 11
trademarks, trade names, contracts, horse racing events, and other intangible and 12
intellectual property that are associated with the Preakness Stakes and the Woodlawn 13
Vase; 14
(6) all property of the Maryland Jockey Club of Baltimore City, Inc., or its 15
successors and assigns, including stock and equity interests in it, and including any and all 16
property or property rights associated with it, whether tangible, intangible, real, personal, 17
or mixed; and 18
(7) all property of the Laurel Racing Assoc., Inc., the Laurel Racing 19
Association Limited Partnership, or their respective successors and assigns, including stock 20
and equity interests, and including any and all property or property rights associated with 21
them, whether tangible, intangible, real, personal, or mixed. 22
[(b) All proceedings for the condemnation for public use of the private property 23
described under subsection (a) of this section shall be in accordance with the provisions of 24
Title 12 of the Real Property Article and Title 12, Chapter 200 of the Maryland Rules. 25
(c) Pursuant to the provisions of Article III, § 40A of the Maryland Constitution, 26
as applicable, the private property described under subsection (a) of this section may be 27
taken immediately on payment for the property consistent with the procedures of §§ 8–334 28
through 8–339 of the Transportation Article.] 29
Article – Corporations and Associations 30
5–607. 31
(a) A cooperative has the power to: 32
[(16) Exercise the power of condemnation in the manner provided by the law 33
of this State for the exercise of that power by other corporations that construct or operate 34
electric transmission and distribution lines or systems;] 35
HOUSE BILL 1550 17
[(17)] (16) Become a member of or own stock in other cooperatives or 1
corporations; 2
[(18)] (17) Conduct its business and exercise its powers in any state, 3
territory, district, and possession of the United States and in any foreign country; 4
[(19)] (18) Adopt, amend, and repeal bylaws; and 5
[(20)] (19) Do any other act and exercise any other power that may be 6
necessary, convenient, or appropriate to accomplish the purpose for which the cooperative 7
is organized. 8
5–637. 9
(a) [(1) Except as provided in paragraph (2) of this subsection, this ] THIS 10
subtitle applies to the provision of broadband Internet service by a member –regulated 11
cooperative. 12
[(2) A member –regulated cooperative may not, for the sole purpose of 13
providing broadband Internet service, exercise the power of condemnation under § 14
5–607(a)(16) of this subtitle.] 15
Article – Correctional Services 16
11–307. 17
(b) (1) Subject to paragraph (2) of this subsection, a county may: 18
(i) acquire a site or facility that is located in the county for use as a 19
center by lease, purchase, [condemnation,] or other lawful manner; and 20
(ii) construct or renovate a facility on a site acquired by the county. 21
Article – Courts and Judicial Proceedings 22
4–401. 23
Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 24
Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 25
[(15) A proceeding f or condemnation and immediate possession of and title 26
to abandoned, blighted, distressed, and deteriorated property under authority granted in 27
the Code of Public Local Laws of a county, including Baltimore City, where the estimated 28
value of the property does not exceed $25,000;] 29
18 HOUSE BILL 1550
[(16)] (15) A proceeding for a replacement motor vehicle under § 1
14–1502(c)(1)(i) of the Commercial Law Article; 2
[(17] (16) An action for damages for a dishonored check or other 3
instrument under Title 15, Subtitle 8 of the C ommercial Law Article, regardless of the 4
amount in controversy; and 5
[(18)] (17) A civil action for an injunction or for a civil penalty for a violation 6
of § 8–605(f) of the Transportation Article. 7
Article – Criminal Law 8
12–307. 9
(a) Because of an act of God[, or condemnation] or abandonment of the primary 10
business by the owner of a business operating on the premises, a person may: 11
(1) remove a slot machine from any premises on which a slot machine is 12
allowed to operate under law; and 13
(2) transfer the slot machine to another premises within the same county. 14
Article – Economic Development 15
10–116. 16
(a) The Corporation may: 17
(1) acquire, improve, develop, manage, market, maintain, lease as lessor or 18
as lessee, and operate a project in the State; 19
(2) acquire, directly or through a person or governmental unit, by 20
purchase, gift, or devise, property, franchises, and other interests in land, including land 21
lying under water and riparian rights, located in or outside the State as necessary or 22
convenient to improve or operate a project, on terms and at prices that the Corporation 23
considers reasonable; AND 24
[(3) if approved by resolution by at least a two –thirds majority of the 25
legislative body of each governmental unit in which the property is loca ted, acquire real 26
property or rights or easements in real property for a project by condemnation for public 27
use in accordance with applicable law; and] 28
[(4)] (3) make loans to a person to: 29
(i) finance all or a part of the acquisition or improvement of a 30
project; and 31
HOUSE BILL 1550 19
(ii) refund outstanding bonds, mortgages, advances, loans, or other 1
obligations of the person to finance all or part of the acquisition or improvement of a project. 2
[(b) The power of condemnation of the Corporation under subsection (a)(3) of this 3
section may not exceed the power of condemnation of the governmental unit in which the 4
property is located.] 5
10–117. 6
(b) In addition to the powers of the Corporation under subsection (a) of this 7
section, for the purpose of funding the purchase [or condemnation] by the State for public 8
use of the property as authorized by §§ 11 –520 and 11 –521 of the Business Regulation 9
Article, the Corporation may borrow money and issue bonds to finance the cost of acquiring 10
by purchase [or completing the condemnation process ] by the State in accordance with 11
applicable legal standards. 12
10–211. 13
(a) The Authority may acquire in its own name property, franchises, and licenses 14
by[: 15
(1)] purchase on terms and conditions and in the manner the Authority 16
considers appropriate[; or 17
(2) condemnation for public use in accordance with applicable law]. 18
10–620. 19
(a) (1) Subject to annual appropria tions and this subtitle, the Authority may 20
acquire in its own name, by gift[,] OR purchase, [or condemnation,] any property or interest 21
in property necessary or convenient to construct, improve, or operate a facility. 22
(2) When acquiring in its own name any property under paragraph (1) of 23
this subsection, the Authority shall first attempt to acquire the property by negotiation and 24
purchase. 25
[(3) If the Authority is not able to acquire property by negotiation, the 26
Authority may condemn private property under subsection (b) of this section. 27
(4) If the Authority determines that acting under paragraphs (2) and (3) of 28
this subsection would be inappropriate, the Authority may condemn private property under 29
subsection (c) of this section.] 30
20 HOUSE BILL 1550
[(b) (1) The exercise of authority under this subsection is subject to subsection 1
(a) of this section, the prior approval of the Board of Public Works, and review by the 2
Legislative Policy Committee. 3
(2) The Authority may condemn any private property for any purpose of 4
the Authority: 5
(i) in accordance with Title 12 of the Real Property Article; and 6
(ii) only in Camden Yards, at the Hippodrome Performing Arts site, 7
and at a Prince George’s County Blue Line Corridor facility site. 8
(c) (1) The exercise of authority under this subsection is subject to subsection 9
(a) of this section, the prior approval of the Board of Public Works, and review by the 10
Legislative Policy Committee. 11
(2) The Authority may exercise quick take condemnation under Article III, 12
§ 40A of the Maryland Constitution to acquire in Baltimore City for the State private 13
property for any purpose of the Authority: 14
(i) in accordance with §§ 8–334 through 8–339 of the Transportation 15
Article and Title 12 of the Real Property Article; and 16
(ii) only in Camden Yards and at the Hippodrome Performing Arts 17
site.] 18
[(d)] (B) (1) The exercise of authority under this subsection is subject to the 19
prior approval of the Board of Public Works. 20
(2) On request of the Authority, the State, a unit of the State, or a political 21
subdivision may lease, lend, grant, or otherwise convey to the Authority, property, 22
including property devoted to public use, as necessary or convenient for the purposes of this 23
subtitle. 24
(3) The State may lease or sublease a facil ity, or an interest in a facility, 25
from or to the Authority, whether or not constructed or usable. 26
(4) Lease payments to the Authority appropriated by the State shall be 27
transferred to: 28
(i) the Baltimore Convention Fund if appropriated for a Baltimo re 29
Convention facility; 30
(ii) the Camden Yards Fund if appropriated for a sports facility or 31
other facility at Camden Yards; 32
HOUSE BILL 1550 21
(iii) the Hippodrome Performing Arts Fund if appropriated for a 1
Hippodrome Performing Arts facility; 2
(iv) the Montgomery County Conference Fund if appropriated for a 3
Montgomery County Conference facility; 4
(v) the Ocean City Convention Fund if appropriated for an Ocean 5
City Convention facility; 6
(vi) the Hagerstown Multi –Use Sports and Events Facility Fund if 7
appropriated for a Hagerstown Multi–Use Sports and Events Facility; 8
(vii) the Sports Entertainment Facilities Financing Fund if 9
appropriated for a sports entertainment facility; or 10
(viii) the Prince George’s County Blue Line Corridor Facility Fund if 11
appropriated for a Prince George’s County Blue Line Corridor facility. 12
[(e)] (C) (1) This subsection does not apply to the Camden Yards site, 13
Baltimore Convention site, Ocean City Convention site, Hippodrome Performing Arts site, 14
any Baltimore City public school site, any racing facility, the Hagerstown Multi–Use Sports 15
and Events Facility site, any supplemental facility site, any public school site, a sports 16
entertainment facility, or a Prince George’s County Blue Line Corridor facility site. 17
(2) The Autho rity and any Authority affiliate are subject to applicable 18
planning, zoning, and development regulations to the same extent as a private commercial 19
or industrial enterprise. 20
[(f)] (D) The Authority shall: 21
(1) in cooperation with Baltimore City, appoin t a task force that includes 22
residents and business and institutional representatives from the area adjacent to Camden 23
Yards to review the schematic, preliminary, and final plans for facilities at Camden Yards; 24
(2) submit schematic plans for development of Camden Yards and the 25
Baltimore Convention site to Baltimore City for review and comment before acquiring any 26
property; 27
(3) with respect to Camden Yards, the Baltimore Convention facility, and 28
the Hippodrome Performing Arts facility, submit preliminary and final plans to Baltimore 29
City for review and comment; 30
(4) with respect to Camden Yards, the Baltimore Convention facility, and 31
the Hippodrome Performing Arts facility, participate in the design review processes of 32
Baltimore City; 33
22 HOUSE BILL 1550
(5) with respect to a Baltimore City public school facility, perform the 1
actions required under §§ 10–645, 10–646, 10–656, and 10–657 of this subtitle; and 2
(6) with respect to a public school facility, perform the actions required 3
under §§ 10–649, 10–650, 10–658, and 10–658.1 of this subtitle. 4
[(g) This section does not affect the right of the Authority to acquire an option or 5
institute a condemnation proceeding for later acquisition of the property once the approval 6
required by this section is obtained.] 7
12–207. 8
(a) Except as provided in subsections (b) and (e) of this section, bond proceeds 9
may be used only: 10
(1) to buy, lease, [condemn,] or otherwise acquire property, or an interest 11
in property: 12
(i) in the development district, a RISE zone, or a sus tainable 13
community; or 14
(ii) needed for a right –of–way or other easement to or from the 15
development district, a RISE zone, or a sustainable community; 16
12–710. 17
The Authority may: 18
(7) acquire properties in Baltimore City, directly or indirectly, from a 19
person or political subdivision, to improve, manage, market, maintain, or lease, from a 20
person or political subdivision for residential, commercial, or industrial development or 21
redevelopment, including comprehensive renovation or rehabilitation of the land or 22
property on terms the Authority considers reasonable to operate a project in Baltimore City, 23
by: 24
(i) purchase; 25
(ii) gift; 26
(iii) interest; 27
[(iv) condemnation; 28
(v) eminent domain, except for owner –occupied residential 29
properties;] 30
HOUSE BILL 1550 23
[(vi)] (IV) tax sale; 1
[(vii)] (V) foreclosure; 2
[(viii)] (VI) receivership; 3
[(ix)] (VII) in rem foreclosure proceedings; 4
[(x)] (VIII) easement, or any other interest in land; 5
[(xi)] (IX) lease; and 6
[(xii)] (X) rent; 7
12–803. 8
[(a)] In addition to powers granted by law, the county is authorized, as specified by 9
local law: 10
(1) to acquire, within the boundary lines of West Baltimore County, land 11
and property of every kind, and any right, interest, franchise, easement, or privilege in the 12
property, by purchase, lease, gift, [condemnation,] or any other legal means, for residential, 13
commercial, or industrial development or redevelopment, including comprehensive 14
renovation or rehabilitation of the land or property; 15
(2) to develop or redevelop, including the comprehensive renovation or 16
rehabilitation of, any land or property acquired by any of the methods described under item 17
(1) of this subsection; and 18
(3) to sell, lease, convey, transfer, or otherwise dispose of any of the land or 19
property, regardless of whether the land or property has been developed, redeveloped, 20
altered, or improved and irrespective of the manner or means in or by which the land or 21
property may have been acquired, to any private, public, or qua si–public corporation, 22
partnership, association, person, or other legal entity for residential, commercial, or 23
industrial development or redevelopment, including comprehensive renovation or 24
rehabilitation of the land or property. 25
[(b) Land or property taken by the county for any of the purposes described under 26
subsection (a) of this section or in connection with the exercise of any of the powers that 27
may be granted to the county under this section, or by any powers conferred by additional 28
laws by exercisi ng the power of eminent domain, may not be taken without just 29
compensation, as agreed on between the parties or awarded by a jury, being first paid or 30
tendered to the party entitled to that compensation. 31
(c) All land or property needed, or taken by the e xercise of the power of eminent 32
domain, by the county for any of the purposes described under subsection (a) of this section 33
24 HOUSE BILL 1550
or in connection with the exercise of any of the powers that may be granted to the county 1
under this section shall be deemed to be needed or taken for a public use or a public benefit. 2
(d) Land or property owned by the federal government, the State, or a local 3
government, or an agency of the federal government, the State, or a local government, may 4
not be acquired by the county by exercise of the power of eminent domain without the prior 5
consent of the government or agency that owns the land or property.] 6
12–806. 7
[(a) Except as provided in subsection (c) of this section, the ] THE county is 8
authorized, by law, to delegate to the A uthority any or all of the powers granted to the 9
county under § 12–803 of this subtitle. 10
[(b) The Authority may make recommendations to the county on issues related to 11
the county’s power of eminent domain. 12
(c) The county may not delegate the power of eminent domain to the Authority.] 13
Article – Education 14
3–6A–01. 15
(g) (3) (i) Except as otherwise provided in subparagraph (iii) of this 16
paragraph, the student member of the county board has the same rights and privileges as 17
a member appointed or elected under subsection (d) of this section. 18
(ii) Unless invited to attend by an affirmative vote of a majority of 19
the county board, the student member may not attend an executive session of the county 20
board addressing a matter on which a student member is p rohibited from voting on under 21
subparagraph (iii) of this paragraph. 22
(iii) The student member shall vote on and participate in all matters 23
except those relating to: 24
1. Geographical attendance areas under § 4 –109 of this 25
article; 26
2. Acquisition and disposition of real property and matters 27
pertaining to school construction under § 4–115 of this article; 28
3. Employment of architects under § 4–117 of this article; 29
4. Donations under § 4–118 of this article; 30
5. [Condemnation under § 4–119 of this article; 31
HOUSE BILL 1550 25
6.] Consolidation of schools and transportation of students 1
under § 4–120 of this article; 2
[7.] 6. Appointment and salary of a county superintendent under 3
§§ 4–201 and 4–202 of this article; 4
[8.] 7. Employee d iscipline and other appeals under § 5
4–205(c) of this article; 6
[9.] 8. Budgetary matters under Title 5 of this article; 7
[10.] 9. Appointment and promotion of staff under § 6 –201 8
of this article; 9
[11.] 10. Discipline of certificated staff under § 6–202 of this 10
article; 11
[12.] 11. Collective bargaining for certificated employees 12
under Title 6, Subtitle 4 of this article; 13
[13.] 12. Collective bargaining for noncertificated employees 14
under Title 6, Subtitle 5 of this article; 15
[14.] 13. Student suspension and expulsion under § 7–305 of 16
this article; and 17
[15.] 14. School calendar and curriculum. 18
3–701. 19
(f) (7) The student member shall vote on all matters except those relating to: 20
(i) Geographical attendance areas under § 4–109 of this article; 21
(ii) Acquisition and disposition of real property and matters 22
pertaining to school construction under § 4–115 of this article; 23
(iii) Employment of architects under § 4–117 of this article; 24
(iv) Donations under § 4–118 of this article; 25
(v) [Condemnation under § 4–119 of this article; 26
(vi)] Consolidation of schools and transportation of students under § 27
4–120 of this article; 28
26 HOUSE BILL 1550
[(vii)] (VI) Appointment and salary of a county superintendent under 1
§§ 4–201 and 4–202 of this article; 2
[(viii)] (VII) Employee discipline and other appeals under § 4–205(c) of 3
this article; 4
[(ix)] (VIII) Budgetary matters under Title 5 of this article; 5
[(x)] (IX) Appointment and promotion of staff under § 6–201 of this 6
article; 7
[(xi)] (X) Discipline of certificated staff under § 6–202 of this article; 8
[(xii)] (XI) Collective bargaining for certificated employees under 9
Title 6, Subtitle 4 of this article; 10
[(xiii)] (XII) Collective bargaining for noncertificated employees under 11
Title 6, Subtitle 5 of this article; and 12
[(xiv)] (XIII) Student suspension and expulsion under § 7 –305 of this 13
article. 14
[4–119. 15
(a) A county board may bring condemnation proceedings to acquire land under 16
Title 12 of the Real Property Article if: 17
(1) Land is required for any school purpose; and 18
(2) The county board is unable to contract with the owner of the land for 19
what the board considers to be a fair valuation. 20
(b) The county board may ask the county commissioners or county council to 21
assist it in bringing condemnation proceedings.] 22
16–103. 23
(e) Each board of trustees may purchase, lease, [condemn,] or otherwise acquire 24
any property it considers necessary for the operation of the community college. 25
16–606. 26
(d) The Board Of Trustees may purchase, lease, [condemn,] or otherwise acquire 27
any property it considers necessary for the operation of the College. 28
HOUSE BILL 1550 27
23–202. 1
(f) (2) The director shall: 2
(iii) Recommend to the governing board the purchase, 3
[condemnation,] rental, use, sale, or conveyance of property for any valid purpose under 4
this section. 5
23–202.1. 6
(j) (3) A governing board may: 7
(ii) Recommend the purchase, [condemnation,] rental, acquisition, 8
use, or conveyance of property for any valid purpose under this section; 9
24–513. 10
(b) (1) When the Commission or other State agency commences the acquisition 11
by purchase [,] OR gift[, or condemnation ] of the dwelling of a homeowner within the 12
proposed boundaries established by the Commission, the Commission or other State agency 13
shall offer in writing the homeowner or homeowners a life estate in that property. 14
Acceptance of the life estate shall be taken into consideration when determining the value 15
of the property. Upon acceptance, the recipient of the life estate will pay real estate property 16
taxes, insurance, and ordinary maintenance costs. Requests for material alterations or 17
additions to the property must be submitted in writing to the Historic St. Mary’s City 18
Commission and a request must be approved or disapproved by the Commission within 45 19
days of the receipt of the request. 20
(2) In the case of a purchase, the Commission or other State agency shall 21
make the offer: 22
(i) At the time of each offer for purchase; and 23
(ii) In a document separate and apart from all other documents at 24
the time of ratification of the sales contract. 25
(3) In the case of a gift [or condemnation], the Commission or other State 26
agency shall make the offer at the time of transfer of any right, title or interest, present or 27
future, in the property. 28
Article – Environment 29
1–808. 30
(a) An environmental covenant is perpetual unless it is: 31
28 HOUSE BILL 1550
(1) By its terms, limited to a specific duration or terminated by the 1
occurrence of a specific event; 2
(2) Terminated by consent as provided under § 1–809 of this subtitle; 3
(3) Terminated under subsection (b) of this section; OR 4
(4) Terminated by foreclosure of an interest that has priority over the 5
environmental covenant; [or] 6
[(5) Terminated or modified in an eminent domain proceeding, if: 7
(i) The Agency that signed the covenant is a party to the proceeding; 8
(ii) Each person identified in § 1 –809(a) and (b) of this subtitle is 9
given notice of the pendency of the proceeding; and 10
(iii) The court determines, a fter a hearing, that the termination or 11
modification will not adversely affect human health or the environment]. 12
[4–311. 13
Any person who has the riparian right to use water in the Severn River Watershed 14
for agricultural purposes may not lose this right b ecause the State or local government or 15
any of their units condemns the person’s land.] 16
[7–228. 17
(a) On behalf of this State and in accordance with the Real Property Article, the 18
Department may acquire, by condemnation, any interest in land or facility if the 19
Department determines that: 20
(1) The condemnation is necessary to perform the duties imposed by this 21
subtitle or for any other purpose authorized under this subtitle; 22
(2) The land or facility poses a substantial threat to the public health; or 23
(3) Any future disturbance of the land would pose a substantial threat to 24
the natural resources of this State. 25
(b) On behalf of this State, the Department may recover the cost of acquiring any 26
land or facility which is acquired through condemnation un der this section from any 27
responsible person. 28
HOUSE BILL 1550 29
(c) (1) If an interest in land that was acquired under this section is not needed 1
to carry out the provisions of this subtitle, the Department shall dispose of the land as soon 2
as practicable. 3
(2) The Department first shall offer the interest in land to the prior owner 4
who shall have the right to purchase the land from the Department by paying the same 5
amount paid by the Department to that owner at the time of condemnation. 6
(3) If the prior owner does no t exercise the rights conferred by this 7
subsection, the Department shall dispose of the interest in land through public sale, taking 8
into account the following factors: 9
(i) The full recovery of any expenditures from the State Hazardous 10
Substance Control Fund; 11
(ii) To the extent practicable, the sale of the interest in land shall be 12
at the fair market value; 13
(iii) The effect of the sale on surrounding land values or uses; and 14
(iv) The potential for public use of the interest in land by anothe r 15
public agency. 16
(4) If the State recovers the cost of acquisition from any person under 17
subsection (b) of this section, the State shall reimburse that person out of the proceeds of 18
the sale of the interest in land.] 19
[9–633. 20
(a) Subject to the provisions of this section, a district may acquire rights in land 21
or water rights by exercise of the right of eminent domain as set forth in Title 12 of the Real 22
Property Article. 23
(b) A district’s power of eminent domain does not extend to an interest in real 24
property that is owned by a county, municipal corporation, or other political subdivision 25
unless the governing body of that county, municipal corporation, or other political 26
subdivision consents. 27
(c) A district’s power of eminent domain does not extend to a privately owned and 28
operated water system, sewerage system, or solid waste acceptance facility unless: 29
(1) The owners and operators of the system or facility consent; 30
(2) The system of a facility is not being operated or maintained as required 31
by law; or 32
(3) The system is needed as an integral part of a service area. 33
30 HOUSE BILL 1550
(d) (1) After complying with this subsection and no sooner than 10 days after 1
judgment has been entered in the condemnation proceedings, the district may take any 2
property that has been condemned under this section. 3
(2) Before taking the property, the district shall pay to the court the 4
amount of the award and costs taxed to date.] 5
9–665. 6
[(f) (1) By exercise of the power of eminent domain as provided in Title 12 of 7
the Real Property Article, the district may acquire rights in an independent system if the 8
owner of the independent system: 9
(i) Has rejected an offer made under this section; or 10
(ii) Has not accepted, within 90 days of the offer, an offer made under 11
this section. 12
(2) The district may not acquire a municipal system under the power of 13
eminent domain.] 14
[(g)] (F) (1) When the district has paid the purchase price [or condemnation 15
award]: 16
(i) The rights of the district with respect to the acquired system are 17
the same as if the district had itself built that system; and 18
(ii) Except as otherwise provided in this subsection, all parcels of 19
property served by the acquired system are subject to the provisions of this subtitle as if 20
the district had itself built the system. 21
(2) A person whose parcel was connected properly to a municipal system or 22
independent system at the time the district acquired that system is not required to pay a 23
connection charge to the district for connection to that parcel. 24
[(h)] (G) A municipality may use funds received from the district under this 25
section: 26
(1) To redeem, buy, or pay the principal and interest on bonds issued for 27
the municipal system; and 28
(2) To pay any other debt outstanding against the municipal system. 29
[(i)] (H) This section does not authorize the acquisition of any part of a 30
municipal system or independent system that: 31
HOUSE BILL 1550 31
(1) Is constructed improperly; 1
(2) Does not have sufficient capacity; or 2
(3) Was constructed without the autho rity from the Department that was 3
required when that system was constructed. 4
9–668. 5
(a) For the construction, maintenance, or operation of any part of a project, the 6
district may acquire any interest in real property by[: 7
(1) Purchase; or 8
(2) Exercise of the power of eminent domain as provided in Title 12 of the 9
Real Property Article] PURCHASE. 10
(b) [(1) Except as otherwise provided in this subsection, the district may 11
condemn a property right in a cemetery only to install a sewer line or a water line. 12
(2)] The district may not condemn any property rights in and may not 13
disturb: 14
[(i)] (1) Any existing grave; 15
[(ii)] (2) Any grave marker or monument; 16
[(iii)] (3) Any grave site whose title has been transferred through a 17
sale or exchange made in good faith; or 18
[(iv)] (4) Any grave site as to which burial rights have vested or 19
been transferred through a sale or agreement made in good faith. 20
[(c) Before the district condemns a property right in a cemetery, the sanitary 21
commission shall adopt a resolution that: 22
(1) Is approved by a majority of the sanitary commissioners appointed from 23
the member county in which the cemetery is located; 24
(2) Includes a declaration that the condemnation is necessary for the public 25
health and safety; and 26
(3) Includes a declaration that immediate acquisition of the property right 27
in the cemetery is necessary.] 28
32 HOUSE BILL 1550
[(d)] (C) The sanitary commission shall bury every water line and sewer line 1
that it builds in cemetery land. 2
[9–706. 3
(a) Whenever a municipal authority acquires any property by condemnation 4
under this subtitle, the proceedings shall be in accordance with this section and Title 12 of 5
the Real Property Article. 6
(b) Notwithstanding any appeal or other proceeding by a defendant, the 7
municipal authority may enter and take possession of the condemned property at any time 8
at least 10 days after the return and recordation of the judgment if the municipal authority 9
pays to the clerk of court: 10
(1) The amount of the award; 11
(2) All costs to date; and 12
(3) All taxes to date.] 13
9–711. 14
(a) A municipal authority may issue bonds when and in the amounts needed to 15
provide funds for all or part of a system’s: 16
(1) Design; 17
(2) Construction; 18
(3) Extension; 19
(4) Alteration; OR 20
(5) Purchase[; or 21
(6) Condemnation]. 22
9–801. 23
(b) “Development” means: 24
(1) Planning; 25
(2) Acquisition by gift, purchase, OR lease[, or eminent domain]; 26
(3) Construction; 27
HOUSE BILL 1550 33
(4) Reconstruction; 1
(5) Improvement; or 2
(6) Extension. 3
9–804. 4
(a) In addition to the powers granted to the municipality by any general, special, 5
or local law, and independent of any control by the Public Service Commission of Maryland, 6
a municipality may: 7
(2) Acquire by gift, purchase, OR lease[, or eminent domain,] in connection 8
with the development of a sewerage facility: 9
(i) Land; 10
(ii) Land rights; or 11
(iii) Water rights; 12
9–920. 13
[(a)] The board of directors of an authority may: 14
(1) Acquire, lease as a lessee, hold, and use any interest in any property or 15
franchise that is necessary or desirable to carry out the purposes of the authority; 16
(2) Sell, lease as a lessor, transfer, or otherwise dispose of any interest in 17
any property or franchise of the authority; and 18
(3) Acquire any right in l and or water right in connection with land by 19
gift[,] OR purchase[, or eminent domain]. 20
[(b) To condemn an interest in property that is owned by a political subdivision, 21
an authority must obtain the consent of the governing body of the political subdivision.] 22
14–202. 23
[(a) Subject to the limitations and provisions contained in this subtitle, a gas 24
storage company may acquire by eminent domain the right to utilize for underground 25
storage of gas, geological strata lying not less than 800 feet below the surface of a maximum 26
of 12,000 acres of land in Prince George’s County. However, the 12,000 acres shall be within 27
the area located west of highway U.S. 301 where located as of July 1, 1965; north of the 28
Charles County boundary line; east of 76 degrees 56 mi nutes 30 seconds west longitude; 29
34 HOUSE BILL 1550
and south of 38 degrees 45 minutes 45 seconds north latitude. The use of eminent domain 1
in any case under this subsection shall be in accordance with the provisions of Title 12 of 2
the Real Property Article, which are applic able to any eminent domain proceeding case 3
under this subtitle. 4
(b)] Subject to the limitations and provisions contained in this subtitle, a gas 5
storage company may acquire, in Prince George’s County, by negotiation and agreement, 6
the right to utilize fo r underground storage of gas, geological strata owned by any public 7
body and lying not less than 800 feet below the surface of land, which right the public body 8
may grant for the consideration agreed upon with the gas storage company. [If the company 9
and public body cannot agree upon the consideration, or if there is no public authority other 10
than the General Assembly which has power to enter into the agreement, then the company 11
may acquire the right by eminent domain, in the manner provided in Title 12 of the Real 12
Property Article for the taking by eminent domain of private property for a public use, 13
which provisions are applicable to any case under this subtitle. If the State is made a party, 14
service of process shall be made upon the Attorney General. 15
(c) A gas storage company may acquire by eminent domain the rights provided 16
for in subsections (a) and (b) of this section in geological strata lying not less than 800 feet 17
below the surface of land in Prince George’s County even though this land is already 18
devoted to a public use under authority of law, if the exercise of these rights do not 19
materially interfere with the public use.] 20
[14–203. 21
The right to take by eminent domain under § 14–202(a) and (b) of this subtitle, may 22
not be exercised unless the g as storage company desiring the right first obtains an order 23
from the Public Service Commission, made after a public hearing, finding the underground 24
storage project to be in the public interest. The company also shall obtain an underground 25
gas storage permit. A permit may not be issued without the consent of the Department.] 26
[14–204. 27
(a) In any eminent domain proceedings under § 14–202(a) and (b) of this subtitle, 28
the owner of the land shall be compensated for the right to utilize geological strata being 29
taken by eminent domain for the underground storage of gas, and for any commercially 30
recoverable oil or gas not owned by the gas storage company in the strata. 31
(b) In any eminent domain proceedings under § 14 –202(a) of this subtitle, the 32
owner or owners in fee of the land have the right by unanimous election in their answer to 33
have the jury make, after evidence is presented, alternate inquisitions assessing the fair 34
value of the underground storage rights, and the fair value of the fee –simple ownership, 35
including all improvements. On the tenth day following the date of the verdicts, the court 36
shall enter a judgment of condemnation on the inquisition for the fair value of the 37
underground storage rights, unless on or before the tenth day every owner shall join in an 38
irrevocable election, filed in writing in the case, to have a judgment of condemnation 39
HOUSE BILL 1550 35
entered on the inquisition for the fee –simple title to the property including all 1
improvements, in which case the court shall enter a judgment of condemna tion for the 2
fee–simple title to the property. Unless all persons having an interest in the fee –simple 3
title join in the election provided for, the court shall enter judgment of condemnation on the 4
inquisition for the underground storage rights. In the ev ent the property owner elects to 5
have a judgment of condemnation entered on the inquisition for the fee–simple title to the 6
property, he shall be entitled to defer final settlement for a period of time not exceeding six 7
months from the date of the election . However, nothing in this subtitle shall prevent the 8
gas storage company from utilizing underground storage rights during this time, 9
subsequent to the inquisition. The property owner has the duty, during the period prior to 10
final settlement, to maintain t he property in reasonable condition, normal wear and tear 11
excepted.] 12
[14–205. 13
The right to utilize geological strata for the underground storage of gas, acquired by 14
any gas storage company by eminent domain under § 14 –202(a) and (b) of this subtitle, i s 15
subject to the right of the owner of the land or of other rights or interests, to penetrate the 16
strata for the purpose of exploring or recovering gas not owned by the company or water, 17
oil, or other minerals from other strata. If the owner desires to penetrate the underground 18
gas storage reservoir in order to recover the gas, water, oil, or other minerals from a lower 19
stratum, he may do so provided he gives the company sufficient written notice to permit 20
proper precautions to be taken. The company, after receiving notice, at its expense and 21
responsibility, shall supervise the penetration to assure that it is made in a manner which 22
will not hamper or impair the operation of the underground storage reservoir, result in the 23
pollution of gas stored there, or permit the escape of any gas.] 24
[14–208. 25
Nothing in this subtitle limits or impairs any right to exercise the power of eminent 26
domain which may be vested in any gas storage company by any other law.] 27
15–1108. 28
(a) The Department is authorized to acqui re any land, by purchase [,] OR 29
donation, [or condemnation,] which is adversely affected by past coal mining practices if it 30
is determined that acquisition of such land is necessary to successful reclamation and that: 31
(1) The acquired land, after restora tion, reclamation, abatement, control, 32
or prevention of the adverse effects of past coal mining practices, will serve recreation and 33
historic purposes, conservation and reclamation purposes or provide open space benefits; 34
and 35
(2) Permanent facilities su ch as a treatment plant or a relocated stream 36
channel will be constructed on the land for the restoration, reclamation, abatement, control, 37
or prevention of the adverse effects of past coal mining practices; or 38
36 HOUSE BILL 1550
(3) Acquisition of coal refuse disposal sites and all coal refuse thereon will 1
serve the purposes of this subtitle, or that public ownership is desirable to meet emergency 2
situations and prevent recurrences of the adverse effects of past coal mining practices. 3
(e) In addition to the authority co ntained above, the Department may acquire 4
land by purchase[,] OR donation [or condemnation] and reclaim and transfer such land to 5
any local government, person, firm, association, corporation or other entity, if it is 6
determined that such action is an integral and necessary element of an economically 7
feasible plan for a project to construct or rehabilitate housing for persons: 8
(1) Disabled as the result of employment in the mines or work incidental 9
thereto; 10
(2) Displaced by the acquisition of land pursuant to this subtitle; 11
(3) Dislocated as the result of adverse effects of coal mining practices which 12
constitute an emergency situation endangering the public health, safety, or general 13
welfare; or 14
(4) Dislocated as the result of natural disasters or catastrophic failures 15
from any cause. 16
Article – Financial Institutions 17
13–1009. 18
(a) This section does not affect the right of the Authority to acquire an option [or 19
institute any condemnation proceeding] for later acquisition of property once the approval 20
required by this section occurs. 21
(b) (1) Subject to annual appropriations and this subtitle, the Authority may 22
acquire in its own name, by gift [,] OR purchase, [or condemnation,] any real or personal 23
property, or interests in property, n ecessary or convenient to carry out its responsibilities 24
under this subtitle. 25
(2) When acquiring in its own name any real or personal property, or 26
interests in property as specified in paragraph (1) of this subsection, the Authority shall 27
first attempt to acquire the property through negotiation and purchase. 28
[(3) If it is not able to acquire property through negotiation and purchase, 29
the Authority may exercise the powers of condemnation for private property, as provided 30
in subsection (c) of this section.] 31
HOUSE BILL 1550 37
[(c) Subject to subsection (b) of this section, prior approval of the Board of Public 1
Works, and review by the Legislative Policy Committee, the Authority may exercise the 2
power of ordinary condemnation for any private property for any purpose of the Authority: 3
(1) In accordance with Title 12 of the Real Property Article; and 4
(2) In the park corridor only.] 5
[(d)] (C) (1) Subject to the prior approval of the Board of Public Works: 6
(i) The State, its agencies, and any local jurisdiction within the 7
Heritage Area may lease, lend, grant, or otherwise convey to the Authority, at its request, 8
any property or interest therein, including property devoted to public use, that is necessary 9
or convenient for the purposes of this subtitle; or 10
(ii) The State may lease or sublease any property or interest therein 11
from or to the Authority, whether or not any building or structure is constructed or usable 12
thereon. 13
(2) Lease payments appropriated by the State to the Authority shall be 14
transferred to the Fund. 15
[(e)] (D) For any acquisition of real or personal property or interest in property 16
in the City of Cumberland or in Allegany County, other than in the park corridor, the 17
Authority shall comply with any applicable local planning, zoning, and development 18
regulations to the same extent as a private commercial or industrial enterprise. 19
Article – General Provisions 20
4–350. 21
(a) A custodian may deny inspection of a public record that contains information 22
concerning the site –specific location of a n endangered or threatened species of plant or 23
animal, a species of plant or animal in need of conservation, a cave, or a historic property 24
as defined in § 5A–301 of the State Finance and Procurement Article. 25
(b) A custodian may not deny inspection of a public record described in subsection 26
(a) of this section if requested by[: 27
(1)] the owner of the land on which the resource is located[; or 28
(2) any entity that is authorized to take the land through the right of 29
eminent domain]. 30
[6–104. 31
38 HOUSE BILL 1550
(a) Condemnation of private property by the United States shall be in accordance 1
with Title 12 of the Real Property Article. 2
(b) (1) Except as provided in paragraph (2) of this subsection, this subtitle does 3
not authorize condemnation of any tract of land that exceeds 10 acres. 4
(2) The United States may condemn a tract of land that exceeds 10 acres 5
to build an arsenal, a coastal defense, a fort, or a magazine, including a barracks for staff.] 6
Article – Health – General 7
4–215. 8
(e) (5) The Department may not deny inspection of a permit record to: 9
(i) The owner of the site of the disinterment or reinterment; 10
[(ii) A governmental entity that has the power of eminent domain; ] 11
or 12
[(iii)] (II) The spouse, domestic partner, next of kin, or appointed 13
personal representative of the deceased whose human remains have been disinterred or 14
reinterred. 15
7–606. 16
(a) (1) If the Board of Public Works approves the site that has been chosen by 17
the Secretary, on a default by a county or counties, the State may: 18
(i) Acquire the site by lease [or], purchase, [condemnation,] or 19
otherwise; and 20
Article – Housing and Community Development 21
[4–214. 22
The Administration has the power of eminent domain, but may not exercise it in a 23
political subdivision without the consent of the political subdivision given by ordinance of 24
its governing body for a specific community development project.] 25
12–502. 26
[(i) (1) In the manner provided under Title 12 of the Real Property Article or 27
any other applicable statutory law, an authority may also acquire by eminent domain real 28
property that the authority considers necessary for its purposes under this Division II, if: 29
HOUSE BILL 1550 39
(i) the authority adopts a resolution declaring that the acquisition 1
of the real property is necessary for those purposes; and 2
(ii) the legislative body and the chief elected official approve. 3
(2) (i) Subject to subparagraph (ii) of this paragraph, property devoted 4
to a public use may similarly be acquired by eminent domain. 5
(ii) Real property that belongs to the State or a political subdivision 6
may not be acquired without the consent of the State or the political subdivision.] 7
[(j)] (I) An authority may also: 8
(1) borrow money and accept grants and other financial assistance from 9
the political sub division, the State, and the federal government and accept grants from 10
nongovernmental sources for a housing project in its area of operation; 11
(2) take over, lease, or manage a housing project or undertaking 12
constructed, financed, or owned by the politi cal subdivision, the State, or the federal 13
government; and 14
(3) comply with conditions and enter into mortgages, trust indentures, 15
leases, and agreements as may be necessary or desirable. 16
Article – Land Use 17
17–108. 18
(a) Whenever the Commission considers it necessary to acquire any property for 19
a purpose stated in § 17–101(b) of this subtitle, the Commission may[: 20
(1)] purchase the property from the owner[; or 21
(2) if the Commission fails to agree with the owner, condemn the property 22
by proceedings in the circuit court for the county in which the property is located]. 23
(b) At the same time, the Commission may acquire the interest of any tenant, 24
lessee, or other person having an interest in the property. 25
[17–109. 26
The Commission shall condemn property using the procedures for condemnation of 27
land by a public service company in accordance with Title 12 of the Real Property Article.] 28
[17–110. 29
40 HOUSE BILL 1550
(a) Subject to subsection (b) of this section, at any time after 10 days after the 1
return and recorda tion of the verdict or award in the proceedings, the Commission may 2
enter and take possession of the condemned property, notwithstanding any appeal or 3
further proceedings on the part of the defendant. 4
(b) (1) Before entering the property, the Commission shall pay to the clerk of 5
the circuit court the amount of the award and all costs assessed to date. 6
(2) At the time of payment, the Commission shall agree to abide by and 7
fulfill any judgment following appeal, or until the time to request an appeal expires.] 8
17–213. 9
(a) [(1) If in the Commission’s judgment it is necessary to provide for flood 10
control in the metropolitan district, the Commission may condemn land and easements 11
necessary in the construction of levees and other flood control works. 12
(2) The condemnation proceedings shall be in accordance with the general 13
powers provided in this division.] 14
[(3)] (1) The Commission may assume all damages incident to any flood 15
control works or improvements that it finds necessary to construct, except damages to land 16
and easements of railroads or other public utilities. 17
[(4)] (2) The Commission may agree to: 18
(i) furnish, without cost to the United States, all land and 19
easements that may be necessary in the construction of any flood control works or 20
improvements; and 21
(ii) take over, operate, and maintain the works when constructed. 22
(b) The Commission may use for park purposes the land acquired for flood control 23
and navigation projects as provided in Title 25, Subtitle 7 of this article. 24
[25–403. 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “Business improvement district” means a business improvement 27
district established under Title 12, Subtitle 4 of the Economic Development Article in the 28
county. 29
(3) “Neglected property” means improved or unimproved real property 30
that: 31
HOUSE BILL 1550 41
(i) is zoned for commercial, industrial, or nonresidential use by the 1
district council; and 2
(ii) has been abandoned, blighted, or condemned. 3
(4) “Purple Line” has the meaning stated in § 2–103.8 of the Transportation 4
Article. 5
(5) (i) “Transit–oriented development” has the meaning stated in § 6
7–101 of the Transportation Article. 7
(ii) “Transit–oriented development” includes light rail stops that are 8
located on the Purple Line in Prince George’s County. 9
(b) This section does not apply to State–owned property. 10
(c) The county may exercise the power of eminent domain on neglected property 11
in an area that: 12
(1) has been designated as a transit–oriented development; and 13
(2) is located in a business improvement district. 14
(d) Neglected property obtained under this section is intended to be developed or 15
redeveloped for an economic development purpose in the county. 16
(e) Land or property taken by the county through the exercise of eminent domain 17
under this section: 18
(1) may only be taken for a public purpose, including for private 19
development that is consistent with a public purpose; and 20
(2) may not be taken without just compensation, as agreed on between the 21
parties, or awarded by a jury, being first paid or tendered to the party entitled to the 22
compensation, in accordance with Title 12 of the Real Property Article.] 23
Article – Local Government 24
1–801. 25
(c) A governmental entity may: 26
(1) assist the United States or a federal agency in constructing, financing, 27
maintaining, using, or operating a federal project, including agreeing to terms of local 28
cooperation required by the United States or a federal agency; 29
42 HOUSE BILL 1550
(2) enter into a contract with the United States or a federal agency, in the 1
form required by the United States or federal agency, obligating the governmental entity 2
to: 3
(i) construct, finance, maintain, use, or operate a federal project; or 4
(ii) arrange, contract for, or supervise the construction, financing, 5
maintenance, use, or operation of a federal project; 6
(3) appropriate or obligate money and obtain private loans or financing to 7
pay for its share of the cost of a federal project; 8
(4) accept and use federal grants or loans to assist in the construction, 9
financing, maintenance, use, or operation of a federal project; AND 10
[(5) purchase or, in accordance with Title 12 of the Real Property Article, 11
condemn land and interests in land necessary for a federal project and transfer any interest 12
in that land to the United States or a federal agency; and] 13
[(6)] (5) enter property and waters to conduct surveys, soundings, and 14
examinations in furtherance of a federal project. 15
5–215. 16
(a) This section applies only to a municipality that has urba n renewal authority 17
granted under Article III, § 61 of the Maryland Constitution. 18
(b) Subject to subsection [(e)] (D) of this section, a municipality may: 19
(1) acquire property of any kind in the municipality, including any right, 20
interest, franchise, easement, or privilege attached to the property, by purchase, lease, gift, 21
[condemnation,] or any other legal means for development or redevelopment of the 22
property, including comprehensive renovation or rehabilitation; and 23
(2) sell, lease, convey, tran sfer, or otherwise dispose of any property 24
acquired under item (1) of this subsection, to any person or public or quasi–public entity: 25
(i) whether or not the property has been developed, redeveloped, 26
altered, or improved; and 27
(ii) regardless of how the property was acquired. 28
[(c) (1) A municipality shall provide just compensation to the owner of any 29
property acquired by the municipality under subsection (b) of this section if the property is 30
taken by eminent domain. 31
HOUSE BILL 1550 43
(2) The amount of compensati on paid to an owner under paragraph (1) of 1
this subsection shall be determined by: 2
(i) an agreement by the parties to the transaction; or 3
(ii) a jury award. 4
(3) A municipality shall pay the amount of compensation determined under 5
paragraph (2) of this subsection to the owner before taking the property. 6
(d) Any property needed, or taken by eminent domain, by a municipality for the 7
purposes in subsection (b) of this section or in connection with the exercise of any power of 8
a municipality under this section is considered to be needed or taken for a public use or 9
benefit.] 10
[(e)] (C) Before acquiring a single–family or multifamily dwelling unit or other 11
structure under this section, a municipality shall find that: 12
(1) the dwelling unit or str ucture has deteriorated to an extent that 13
constitutes a serious and growing menace to the public health, safety, and welfare; 14
(2) the dwelling unit or structure is likely to continue to deteriorate; 15
(3) the continued deterioration of the dwelling uni t or structure will 16
contribute to the blighting or deterioration of the area immediately surrounding the 17
dwelling unit or structure; and 18
(4) the owner of the dwelling unit or structure has not corrected the 19
deterioration. 20
[(f)] (D) The legislative body of a municipality shall adopt an ordinance for each 21
acquisition of property made under this section. 22
10–312. 23
(b) A county may provide for: 24
(1) the acquisition by purchase, lease, [condemnation,] or otherwise of 25
property required for public purposes in the county; and 26
12–406. 27
(d) (1) The County Commissioners of Charles County may: 28
(i) acquire by purchase, lease, [condemnation,] gift, or devise real 29
property, or any interest in property, to establish county roads; 30
44 HOUSE BILL 1550
12–412. 1
(a) The County Commissioners of Washington County may acquire property or 2
any interest in property by purchase[,] OR gift[, or condemnation] to acquire, construct, or 3
maintain a railroad line, if the county commissioners: 4
(1) determine, by resolution, that the railroa d line will help preserve and 5
attract industry and promote economic growth in the county; and 6
(2) solicit bids and hold a public hearing in the same manner as required 7
for other public property in the county. 8
12–621. 9
(c) (1) Subject to the provisions of [paragraphs] PARAGRAPH (2) [and (3)] of 10
this subsection, a corporation may enter into an agreement with an owner of any interest 11
in property to obtain: 12
(i) land necessary for: 13
1. a bridge abutment; 14
2. digging, building, and maintaining a canal; or 15
3. a road or highway to approach a bridge or canal; or 16
(ii) earth or stone for building of: 17
1. a bridge or canal; 18
2. a road or highway that approaches a bridge or canal; or 19
3. a terminal, dock, or wharf. 20
(2) A person shall convey an interest in property to a corporation under 21
paragraph (1) of this subsection by deed properly executed and recorded. 22
[(3) A corporation may obtain property under paragraph (1) of this 23
subsection by condemnation under the provisions of Title 12 of the Real Property Article if: 24
(i) the corporation and the property owner fail to agree on the 25
conveyance of the property; 26
(ii) the property owner lacks capacity to contract to convey the 27
property; or 28
(iii) the property owner is absent from the State.] 29
HOUSE BILL 1550 45
21–209. 1
(a) The district council may borrow money, on the full faith and credit of the 2
district, to: 3
(1) acquire by purchase [or condemnation] an easement under § 21–208 of 4
this subtitle to construct a project in or for the district; and 5
[25–604. 6
(a) If a landowner refuses to accept the damages awarded to the landowner by 7
the board of viewers and approved by the county commissioners, county council, or Mayor 8
and City Council of Baltimore City and refuses the necessary access to t he landowner’s 9
land, the board of directors may begin condemnation proceedings under Title 12 of the Real 10
Property Article to acquire a right–of–way, easement, or other property right. 11
(b) This title does not authorize the use of condemnation proceedings to acquire 12
the right to use water separate and apart from the land to which the water is incident.] 13
[26–602. 14
If a landowner refuses to accept the damages awarded to the landowner by the board 15
of viewers and approved by the county commissioners or coun ty council and refuses the 16
necessary access to the landowner’s land, the board of managers may begin condemnation 17
proceedings under Title 12 of the Real Property Article to acquire a right–of–way.] 18
Subtitle 5. Rights–of–Way [and Condemnation]. 19
[27–502. 20
(a) The board of drainage commissioners has the power of eminent domain and 21
may begin condemnation proceedings under Title 12 of the Real Property Article if: 22
(1) it is necessary to acquire a right –of–way through land not affected by 23
the drainage; and 24
(2) the land cannot be acquired by purchase. 25
(b) The board of drainage commissioners shall award damages out of the first 26
funds available from bond proceeds or otherwise.] 27
Article – Natural Resources 28
3–104. 29
46 HOUSE BILL 1550
(i) To acquire by gift [,] OR purchase[, or the exercise of the right of eminent 1
domain in the manner prescribed by law ] lands, structures, real or personal property 2
rights, rights–of–way, franchises, easements, and other interests in lands, including lands 3
lying underwater and riparian rights which are located within and without the State as it 4
considers necessary or convenient for the construction or operation of a project, upon terms 5
and at prices considered by the Service to be reasonable and can be agreed upon by the 6
Service and the owner o f the interest, and to take title to the interest in the name of the 7
Service. [At any time ten days after the return and recordation of the verdict or award in 8
any condemnation proceeding, the Service may take possession of the property condemned, 9
upon paying to the clerk of the court the amount of the award and all costs taxed to that 10
date, notwithstanding any appeal or further proceeding by defendant. At the time of the 11
payment, the Service shall give its corporate undertaking to abide by any judgment in any 12
appeal or further proceedings.] 13
3–305. 14
(a) The expertise of the electric utilities in the basic requirements, including 15
environmental considerations, of a site for power generation and generator lead route is a 16
needed element in site selection. Therefore, for the purposes of ensuring adequate power 17
on reasonable schedules while also protecting the quality of the State’s environment, site 18
acquisition and generator lead route designation may occur as follows: 19
(1) Notwithstanding any other provis ion of this subtitle, any site either 20
already owned or purchased in the future by electric companies shall be included in the 21
inventory of possible and proposed sites. 22
(2) The Secretary, on the advice of the Secretary of Commerce, shall 23
acquire in the n ame of the State a sufficient number of sites to satisfy the expected 24
requirements as submitted by the Secretary of Planning and the Director of the Maryland 25
Energy Administration, as provided in § 3 –304(4) of this subtitle. Site selection shall be 26
based on research findings that show the site is desirable for power plant construction. 27
Following site acquisition, the Secretary and the local governing bodies of the areas through 28
which the potential generator lead routes pass shall designate mutually one or m ore 29
desirable routes. After designation of a route, each county within which the route is located 30
shall designate the proposed public utility corridor by enactment of an ordinance or by 31
incorporation in its appropriate land use plan. Any investigation to ascertain the suitability 32
of a site for the construction of an electric generating station shall be completed within 2 33
years of the date the site has been identified. By the end of the 2 year period, the Secretary 34
shall purchase or remove from consideration the site and make public his decision. 35
(3) Notwithstanding any other provision of this subtitle, the Secretary may 36
acquire a site for an electric company if the Public Service Commission requests the 37
Secretary to purchase a site under § 7–202 of the Public Utilities Article. 38
[(4) If the Secretary decides to dispose of any property acquired by 39
condemnation under this subsection, the Board of Public Works may transfer the property 40
HOUSE BILL 1550 47
to another unit of the Executive Branch of State government in accordanc e with § 10–304 1
of the State Government Article. 2
(5) If the Secretary decides to dispose of any property acquired by 3
condemnation under this subsection and the property is not transferred in accordance with 4
paragraph (4) of this subsection, the Secretar y shall provide the opportunity to purchase 5
the property within 90 days from the date the offer is made: 6
(i) To the county where the property is located; 7
(ii) If the county rejects the offer, to the original owner of the 8
property; and 9
(iii) If the original owner of the property cannot be found or is dead 10
or rejects the offer, to the general public.] 11
[(6)] (4) For the purposes of this section, “site” means land which is 12
reasonably necessary for a new site or for the expansion of an existing s ite owned by a 13
utility. “Site” includes land necessary for such ancillary purposes as disposal of solid wastes 14
produced by an electric generating station operating on the site, transmission or cooling 15
water access, or transportation access. 16
[(b) If the o ther requirements of this subtitle have been satisfied, the Secretary 17
may acquire any site by agreement or condemnation under the condemnation law and pay 18
for them from the Fund. Prior to such acquisition, the Secretary shall hold one or more 19
informational meetings and one public hearing in the legislative district where the 20
proposed site or sites are located. The Secretary holds the property in the name of the State 21
and may not permit its temporary use for any purpose which might logically be expected to 22
impede its prompt availability for power plant siting as and when needed. Temporary uses 23
which the Secretary may authorize may include but are not limited to public recreational 24
facilities, including open space areas, parks, forests and beaches, fish and wi ldlife refuges 25
and other public recreational uses as authorized within this article. The Secretary may not 26
hold, at any one time, more than eight sites, suitable for either single or multiple power 27
plant siting.] 28
[(c)] (B) Fifty percent of all revenues the Secretary obtains through temporary 29
use of sites shall be deposited in the Fund. The remaining 50 percent shall be paid to the 30
county in which the site is situated. If the site lies within two or more counties, the 50 31
percent shall be distributed propo rtionally according to the area within each county. The 32
Secretary shall pay from the Fund to the county an amount equal to the real estate taxes 33
assessed on the land at the time of acquisition less any funds received by the county for any 34
temporary use of the site. 35
[(d)] (C) An electric company as defined in § 1–101 of the Public Utilities Article 36
may request from the Secretary an appropriate site in his possession under the provisions 37
of this subtitle, and the Secretary shall make the site available. The electric utility may 38
48 HOUSE BILL 1550
purchase the site. The purchase price shall be the fair market value of the site as 1
determined by a committee of three independent qualified real estate appraisers, one of 2
whom is chosen by the Secretary, one by the electric company making the application, and 3
the third by the two appraisers first selected. Each party compensates its own appraiser 4
and bears one–half the cost of the third appraiser. Receipts from the purchase transactions 5
shall be deposited in the Fund. 6
[(e)] (D) (1) When property held in the name of the State under this section 7
is not used for the purposes for which it is being held, the Secretary shall provide for the 8
temporary use of the property. In providing for the temporary use of the property, the 9
Secretary shall consider the recommendations of the local governing body of the subdivision 10
in which the property is located. 11
(2) (i) The local governing body of the subdivision in which the property 12
is located shall appoint an advisory committee to recommend temporary uses of the 13
property acquired under this section. The advisory committee shall consider, with the 14
assistance of the Conservation Education Council of Maryland, the possibility of using the 15
property for environmental education. 16
(ii) Upon recei pt and evaluation of the advisory committee’s 17
recommendations, the local governing body in which the property is located shall submit 18
its recommendations to the Secretary. 19
(3) (i) The Secretary shall provide the local subdivision in which the 20
property i s located up to $25,000 for development of an effective program for approved 21
temporary uses of the property, as authorized in the annual budget. 22
(ii) The Secretary shall provide the local subdivision in which the 23
property is located up to $10,000 annually for the operation of approved temporary uses, as 24
authorized in the annual budget. 25
[(f)] (E) (1) For the purposes of performing the duties required under this 26
subtitle, or, upon written request from an electric company setting out the nature, extent, 27
and duration of the work to be done, the Department, its agents, employees, and contractors 28
may enter upon private property to collect data and otherwise conduct environmental and 29
engineering studies related to potential sites for electric generating facil ities, potential 30
corridors for rail and pipeline access to electric generating facilities, and potential overhead 31
transmission lines in excess of 69,000 volts. The studies may include the installation of 32
meteorological testing equipment, biological sampling, soil borings, and installation of test 33
wells. 34
(2) Entry onto private property as authorized by paragraph (1) of this 35
subsection shall not be undertaken without prior consent of the property owner. If, after 36
real and bona fide effort, the consent of t he property owner cannot be secured, the 37
Department may apply to the circuit court where the property or any part of it is located 38
for an order directing that entry be permitted. “Bona fide effort” shall include either 30 39
days’ advance notice in writing by certified mail, return receipt requested, to the last known 40
HOUSE BILL 1550 49
address of the property owner or posting notice on the property not less than 30 days in 1
advance, or such other requirements as the court may deem appropriate. 2
(3) The Department shall reimbur se the landowner or lessee who is 3
farming the property for those agricultural products which are either destroyed or damaged 4
by its agents, employees, or contractors. The Department shall be responsible for any other 5
damages that may be incurred as a result of entry on private property as authorized by this 6
section. 7
[5–208. 8
(a) The Department may condemn land, earth, gravel, stone, timber, material, or 9
any improvements in the name of the State when action is necessary to carry out the 10
purpose of any legislative act or advance the aims of forestry, parks, or recreation, and the 11
work of the Department. The Department may pay any cost and expense incurred out of 12
any surplus money standing to the credit of the Forest Reserve or Park Reserve Funds, not 13
otherwise appropriated. This section does not apply to land located within Baltimore City. 14
(b) After a complaint for condemnation has been filed in accordance with 15
Maryland Rule 12–205, and upon payment into the court of an amount equal to the higher 16
of two app raisals, the court, at the request of the Department, may, following a prompt 17
hearing, issue an injunction prohibiting any physical change or improvement to the 18
property which would adversely affect the public purpose for which the Department is 19
seeking to condemn the property. However, if the complaint for condemnation and payment 20
into the court is accompanied or followed by an affidavit or affidavits from the Department 21
alleging a reasonable belief that the property owner intends to cause imminent and 22
irreparable physical change to the property, the court may issue an ex parte injunction 23
prohibiting any physical change or improvement to the property until a prompt hearing can 24
be held, after which hearing the terms of the ex parte injunction may be continue d or 25
modified as justice may require until the condemnation proceedings are concluded. The 26
court may, as a part of the hearing, release all or part of the funds to prevent economic 27
injury to the landowner. 28
(c) If the Department abandons the condemnation suit, the court may award the 29
defendants compensation for any economic injury that they may have incurred due to the 30
injunction prohibiting any change or improvement to the property.] 31
8–204. 32
[(c) (1) This section may not be construed to expand the auth ority that the 33
Department has on July 1, 1988, to require or promote condemnation of real property along 34
the Big Blackwater River and the Little Blackwater River. 35
(2) The State may not acquire by eminent domain real property along the 36
Big Blackwater River or the Little Blackwater River without first proving that the 37
50 HOUSE BILL 1550
acquisition is necessary to preserve the natural qualities and unpolluted state of the Big 1
Blackwater River and the Little Blackwater River.] 2
8–411. 3
(a) [(1)] Notwithstanding the regulatory authorities that are provided by this 4
subtitle, the Secretary, in the process of administering the Scenic and Wild Rivers Program, 5
shall consider, protect, and ensure protection of the rights of property ownership. 6
[(2)] (B) The Secretary may not adopt any regulation that would 7
constitute a taking of a right of property ownership that violates the Constitution of the 8
United States or the Maryland Constitution. 9
[(b) The State may not acquire by eminent domain land in the scenic corridor of 10
the wild segment of the Youghiogheny River without first proving that the acquisition is 11
necessary to preserve the wild segment of the Youghiogheny River, as provided in this 12
subtitle.] 13
8–1307. 14
For the purpose of carrying out any recommendation of the Wa tershed plan or any 15
part of the plan, each county, through its appropriate county governing body or duly 16
designated agency, in cooperation with the Department, may acquire land or other 17
property, by means of donation [,] OR purchase, [or condemnation, ] either in fee or by 18
easement, located within the area of the county for the public purposes delineated in the 19
plan. The appropriate county governing body or its duly designated agency may improve 20
and develop the acquired land or other property for the purposes of the plan. The plan 21
controls maintenance and operation of the land or other property. 22
10–801. 23
(a) The Department may acquire, by purchase, lease, [condemnation,] or gift, title 24
or control of any area of land or water in the State suitable to protect, propagate, or manage 25
wildlife or for hunting purposes. The area of land or water shall be known as a wildlife 26
management area. Any area of land or water greater than 100 acres may be acquired in 27
Garrett County or Allegany County only with the approval of that county. This requirement 28
does not apply to any areas which have previously been authorized for acquisition by the 29
General Assembly. 30
10–802. 31
(a) The title to any land or water acquired by purchase [,] OR gift[, or 32
condemnation] shall be taken in the name of the State for the Department’s use. The entire 33
control of the area of land and water shall be under the State’s direction. 34
HOUSE BILL 1550 51
(b) The Secretary may expend from the State Wildlife Management and 1
Protection Fund any amount necessary to purchase [or condemn] the area of land or water. 2
Article – Public Safety 3
13–216. 4
The Department may acquire by purchase [or condemnation] real property located 5
in Baltimore County adjacent to the Martin State Airport that is necessary for the safe 6
operation of the fighter squadron of the Maryland Air National Guard. 7
Article – Public Utilities 8
Subtitle 4. Franchises [and Condemnation]. 9
5–402. 10
[(a) This subtitle does not authorize a corporation to take or use property unless 11
just compensation, as agreed on with the owner or awarded by a jury, has been paid or 12
tendered to the parties entitled to compensation or paid into court. 13
(b)] This subtitle does not authorize the location of a public road on private 14
property without the consent of the owner or the decision of the county commissioners or 15
county council after notice and an opportunity to be heard as required by law for opening 16
or altering public roads. 17
[5–403. 18
(a) This section applies to a domestic or foreign corporation that is or may become 19
engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture 20
of natural and artificial gases. 21
(b) Subject to subsection (c) of this section, a corporation described in subsection 22
(a) of this section may acquire by condemnation, in ac cordance with Title 12 of the Real 23
Property Article, rights –of–way or easements necessary to lay, construct, modify, repair, 24
maintain, operate, and remove pipelines and appurtenances to pipelines for transmitting 25
and supplying gas. 26
(c) (1) Except as prov ided in paragraph (2) of this subsection, a corporation 27
may not condemn rights –of–way or easements under subsection (b) of this section unless 28
the corporation: 29
(i) 1. transmits gas directly to local consumers in the State 30
along the corporation’s proposed rights–of–way; and 31
52 HOUSE BILL 1550
2. offers to contract with those local consumers to supply 1
them directly with gas on terms and conditions subject to the approval of the Commission; 2
and 3
(ii) has certified to the State Department of Assessments and 4
Taxation the name and address of a resident agent of the corporation in the State, service 5
of process on whom shall bind the corporation until the appointment of a substitute is 6
certified to the State Department of Assessments and Taxation. 7
(2) Paragraph (1) of this subsection does not affect the right of a corporation 8
that was transmitting natural gas, artificial gas, or a mixture of natural and artificial gases 9
for public use through one or more pipelines in the State on or before June 1, 1931, to 10
condemn for public use necessary rights–of–way or easements for: 11
(i) a pipeline or appurtenances to a pipeline in use on or before June 12
1, 1931; 13
(ii) any incidental relocations of a pipeline or appurtenances to a 14
pipeline in use on or before June 1, 1931; or 15
(iii) any additional pipelines or appurtenances to pipelines along and 16
on the same routes or along and on any incidental relocations of a pipeline or appurtenances 17
to a pipeline in use on or before June 1, 1931. 18
(d) This section does not affect the application of any provision of this article that 19
applies generally or specifically to a corporation that is or may become engaged in the 20
business of transmitting or supplying natural gas, artificial gas, or a mixture of natural 21
and artificial gases.] 22
[5–404. 23
(a) (1) In this section the following words have the meanings indicated. 24
(2) “Oil pipeline corporation” means a corporation of this State, any other 25
state, or the United States, that is: 26
(i) engaged in the business of transporting refined petro leum 27
products by pipeline as a common carrier public service corporation; and 28
(ii) subject to the jurisdiction of either the United States Department 29
of Energy (Federal Energy Regulatory Commission) or the Commission. 30
(3) (i) “Property” means real property in fee simple or any lesser right, 31
interest, or estate that is necessary for the intrastate or interstate purposes of the oil 32
pipeline corporation or both. 33
(ii) “Property” includes: 34
HOUSE BILL 1550 53
1. privately owned property; 1
2. property owned by a public body; and 2
3. property devoted to public use if an acquisition under this 3
section does not materially interfere with that public use. 4
(b) An oil pipeline corporation that is operating an oil pipeline that existed in the 5
State on or before July 1, 1978, may acquire by condemnation, in accordance with Title 12 6
of the Real Property Article, any property necessary to: 7
(1) operate those existing oil pipelines and appurtenances; or 8
(2) construct and operate additional oil pipelines and appurtenances along, 9
on, adjacent to, or incidentally deviating not more than 50 feet from the routes followed by 10
the corporation’s existing rights–of–way. 11
(c) The right to acquire property under this section may be exercised only in Anne 12
Arundel, Baltimore, Car roll, Cecil, Harford, Howard, Montgomery, and Prince George’s 13
counties and Baltimore City. 14
(d) (1) An oil pipeline corporation shall restore to its original condition any 15
property used for construction or maintenance of a pipeline. 16
(2) (i) Except as p rovided in subparagraph (ii) of this paragraph, the 17
construction or maintenance of the pipeline and the restoration of the property shall be 18
completed within 7 days after the start of the construction or maintenance on that parcel 19
of property. 20
(ii) If weather conditions or the nature of the terrain make 21
completion within 7 days unfeasible, the oil pipeline corporation shall complete the 22
construction or maintenance of the pipeline and the restoration of the property within 30 23
days. 24
(e) (1) The right to acquire property under this section may not be exercised 25
unless the oil pipeline corporation, whether or not it is otherwise subject to the jurisdiction 26
of the Commission, first obtains an order from the Commission finding the acquisition to 27
be in the public interest. 28
(2) Before the Commission makes a finding and issues an order under this 29
subsection, the Commission shall hold a public hearing. 30
(3) The oil pipeline corporation shall give written notice of the public 31
hearing to all affected property owners. 32
54 HOUSE BILL 1550
(f) This section does not affect any other law of the State that applies generally 1
or specifically to oil pipeline corporations.] 2
5–405. 3
[(a)] A railroad company or its authorized agent may agree with the owner to 4
purchase, use, occupy, or divert the owner’s land, earth, gravel, stone, timber, streams, 5
materials, or improvements that the company wants for the proper construction or repair 6
of the railroad company’s roads or works. 7
[(b) The company may acquire the property by condemnation under Title 12 of the 8
Real Property Article if: 9
(1) the company cannot agree with the owner of the property; or 10
(2) an owner: 11
(i) is a minor, is adjudged to be mentally incompetent, or is under 12
any other legal disability to contract; or 13
(ii) is absent from the county in which the property is located when 14
the company wants the property.] 15
5–406. 16
(a) (1) A railroad company may change the location or grade of any portion of 17
its road if the company finds the change is necessary for any reasonable cause, including to 18
avoid: 19
(i) inconvenience to public travel; 20
(ii) dangerous or difficult curves or grades; or 21
(iii) unsafe or unsubstantial grounds or foundations. 22
(2) A change of location or grade under this section shall follow the general 23
route of the existing road. 24
[(3) A railroad company may enter on and take land and make surveys 25
necessary to make the change in location or grade in accordance with Title 12 of the Real 26
Property Article.] 27
(b) (1) A railroad company is liable to the owner of the land on which the road 28
was constructed for any damages caused by a change in location or grade of the road. 29
HOUSE BILL 1550 55
(2) The amount of damages determined shall be paid to the owner or 1
deposited into court. 2
(3) An owner shall claim damages within: 3
(i) 30 days after actual notice of the intended change has been given 4
to the owner, if the owner resides on the premises; or 5
(ii) 60 days after publication of notice in a newspaper in general 6
circulation in the county, if the owner is a nonresident. 7
[(c) If a railroad company condemns land under this section, the condemnation is 8
binding on the company, unless the company chooses to abandon the location within 30 9
days after making the condemnation.] 10
5–407. 11
(a) A railroad company and the municipal corporation, public officer, or public 12
authority that owns or has control of any road, street, alley, or other public way or ground 13
necessary to locate any part of the railroad may agree on the manner, terms, and conditions 14
allowing the railroad company to use or occupy the road, street, alley, or other public way 15
or ground. 16
[(b) If the parties are unable to agree and the railroad company needs to use or 17
occupy the road, street, alley, or other public way or ground, the railroad company may 18
acquire the property by condemnation in accordance with Title 12 of the Real Property 19
Article.] 20
[(c)] (B) (1) A railroad company that lays track on any public street, road, 21
alley, or other public way or ground is responsible for any damage done by the locat ion of 22
the track to private property on or near the public way or ground. 23
(2) The owner of the private property shall bring a civil action for damages 24
under this subsection within 2 years after the completion of the track. 25
[(d)] (C) A railroad company may not pass through Baltimore City without the 26
consent of the Mayor and City Council. 27
[5–408. 28
The power of a railroad company to condemn land and other property under this 29
subtitle includes the power to condemn, for railroad purposes, private crossings or ways 30
and land and other property to provide substitute outlets.] 31
5–410. 32
56 HOUSE BILL 1550
(b) A company described in subsection (a) of this section has the same power 1
granted to telegraph and telephone companies by §§ 8 –103, 8–104, 8–105, and 8–106(a) of 2
this article and may[: 3
(1)] construct and lay lines underground or above ground on any route for 4
which it is authorized to construct lines as a whole or in part[; and 5
(2) except as provided in subsection (d) of this section, acquire by 6
condemnation, in accordance with Title 12 of the Real Property Article, any property or 7
right that the company considers necessary for its purposes]. 8
[5–411. 9
A water company may acquire by condemnation, in accordance with Title 12 of the 10
Real Property Article, any land or water rights that the company is authorized to acquire 11
to lay pipes or construct its work, if: 12
(1) the company cannot agree with the owner of the land or water rights; 13
or 14
(2) an owner: 15
(i) is a minor, is adjudged to be mentally incompetent, o r is under 16
any other legal disability to contract; or 17
(ii) when the company needs the land or water rights, is absent from 18
the county or city in which the property is located.] 19
7–207. 20
(b) (4) (i) Except as provided in subparagraph (ii) of this paragraph, for 21
construction related to an existing overhead transmission line designed to carry a voltage 22
in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 23
of public convenience and necessity if the Commission finds that the construction does not[: 24
1. require the person to obtain new real property or 25
additional rights–of–way through eminent domain; or 26
2.] require larger or higher structures to accommodate: 27
[A.] 1. increased voltage; or 28
[B.] 2. larger conductors. 29
7–210. 30
HOUSE BILL 1550 57
[(e) (1) A municipal corporation that acquires the exclusive right under 1
subsection (d) of this section to supply electricity within an area annexed by the municipal 2
corporation may exercise the right of eminent domain to acqui re the existing installed 3
facilities of each electric company within the annexed area that are used solely to supply 4
electricity to the annexed area. 5
(2) The value of any property taken under paragraph (1) of this subsection 6
shall be determined as of the date of the taking.] 7
9–305. 8
(a) (1) Whenever necessary in the construction of a railroad, a Maryland 9
railroad company may cross the tracks of another railroad company. 10
(2) Crossings may be made at, over, or under grade. 11
[(b) If a Maryland railroad company is unable to agree on the terms for a crossing 12
with the railroad company whose track is to be crossed, then the Maryland railroad 13
company may condemn the easement of the crossing under § 5–405 of this article.] 14
[(c)] (B) (1) A Maryland railroad company that constructs a crossing at grade 15
shall: 16
(i) at its own expense, erect a proper signal station at the crossing 17
and keep a watchman there; and 18
(ii) give precedence to the trains of the railroad company whose 19
tracks are crossed. 20
(2) A Maryland railroad company that constructs an undergrade or 21
overgrade crossing shall construct the crossing so as not to interfere with the passage of 22
the trains of the railroad company whose tracks are being crossed. 23
9–306. 24
(a) (1) A Maryland railroad company may: 25
(i) cross or divert a highway whenever necessary for the 26
construction of a railroad; AND 27
(ii) at its own cost and expense, carry a highway over its track by an 28
overgrade crossing, or under its track by an undergrade crossing if t he Maryland railroad 29
company considers that the highway crossing is dangerous[; and 30
58 HOUSE BILL 1550
(iii) exercise the powers of condemnation, under Title 5, Subtitle 4 of 1
this article and Title 12 of the Real Property Article, to acquire additional property and 2
rights necessary to construct an overgrade or undergrade crossing]. 3
(2) Whenever a Maryland railroad company crosses or diverts a highway, 4
it shall, without necessary delay, return the highway to its former usefulness. 5
21–101. 6
[(d) If the Commission fails to agree on the terms of acquisition with the owner of 7
any property, the Commission may condemn the property by filing a petition for 8
condemnation in the circuit court for the county in which the property is situated, as 9
provided for condemnation of land under the Real Property Article. 10
(e) The Commission may condemn the interest of any tenant, lessee, or other 11
person having an interest in property that the Commission decides to acquire.] 12
[21–102. 13
(a) (1) Except as provided in subsection (b) of this section, land used for 14
cemetery purposes may not be condemned unless the Commission adopts a resolution 15
declaring that it is necessary for the public health and safety to acquire the cemetery land, 16
or an easement in the land, immediately by condemnation. 17
(2) A resolution under this subsection may only be adopted on the 18
affirmative vote of a majority of the commissioners from the county where the cemetery 19
land is located. 20
(b) (1) The Commission may condemn public or private land used for cemetery 21
purposes, or an easement in the land, without adopting a resolution in accordance with 22
subsection (a) of this section if the land or easement is for the purpose of installing sewer 23
lines or water lines. 24
(2) Sewer lines or water lines installed on proper ty condemned under 25
paragraph (1) of this subsection shall be constructed underground and enclosed. 26
(c) The land or easement to be acquired may not disturb: 27
(1) any existing grave, grave marker, or monument; or 28
(2) any grave site: 29
(i) the title to which has been transferred as a result of a bona fide 30
sale or exchange; or 31
(ii) in which burial rights have vested or been transferred as a result 32
of a bona fide sale or exchange.] 33
HOUSE BILL 1550 59
22–102. 1
(a) The Commission may issue bonds of the sanitary district in amounts 2
necessary to carry on its work, including for: 3
(1) acquisition, design, construction, reconstruction, establishment, 4
extension, OR enlargement[, or condemnation ] of the water and sewer systems in the 5
sanitary district or in an area where extension of the systems may be authorized by law; 6
23–103. 7
[(a)] The Commission may purchase a municipally or privately owned water supply 8
or sewer system if the Commission: 9
(1) extends its general water supply or sewer system to the municipally or 10
privately owned water supply or sewer system and is ready to connect with the system; or 11
(2) considers the purchase to be expedient, advisable, and proper for the 12
adequate operation of the system under the Commission’s jurisdiction. 13
[(b) If the Commission and the owner of a municipally or privately owned water 14
supply or sewer system fail to agree to the purchase price or conditions of purchase of the 15
water or sewer system, the Commission may acquire the system by condemnation, as 16
provided in this division.] 17
[23–104. 18
(a) If a privately owned water or sewer system is the subject of a condemnation 19
proceeding under this division, a jury in the proceeding shall determine the fair market 20
value as provided for in § 12–105(b) of the Real Property Article. 21
(b) (1) If the Commission condemns a privately owned system, the 22
Commission shall take the system free and clear of all debts and liens. 23
(2) (i) The Commission shall make a party defendant any person that 24
has a recorded lien or encumbrance against the privately owned system. 25
(ii) The circuit court may determine the respective amounts due the 26
defendants. 27
(c) After the payment into the court or to the proper parties: 28
(1) the Commission may take possession of, maintain, and operate the 29
private system; and 30
60 HOUSE BILL 1550
(2) all properties along the line of any water main or sewer of the private 1
system shall stand in the same relation, bear the same benefit assessment, and be subject 2
to the same regulations and penalties as though the private system had b een constructed 3
and put into operation by the Commission under the provisions of this division. 4
(d) A building or premises properly connected with the acquired private system 5
at the time of its purchase is not subject to the connection charge specified u nder Title 25, 6
Subtitle 3 of this article. 7
(e) (1) If the Commission considers that a privately owned water or sewer 8
system is unfit, in whole or in part, for incorporation with the Commission’s system, the 9
Commission shall: 10
(i) disregard the existence of the system or unfit part of the system; 11
and 12
(ii) extend the Commission’s system to serve the area served by the 13
existing system or unfit part of the system. 14
(2) All of the provisions of this division relating to systems constructed by 15
the Commission apply to an extension under paragraph (1) of this subsection.] 16
25–212. 17
(a) Except as provided for the Housing Opportunities Commission of Montgomery 18
County under § 25–204(d)(2) of this subtitle, when the State or a county or municipality, or 19
a unit of the State or a county, acquires property for public use that is subject to a benefit 20
charge imposed under this subtitle, the benefit charge shall be paid and extinguished by 21
payment to the Commission of a sum calculated in accordance with § 25–211 of this subtitle. 22
(b) [When property is acquired without eminent domain, the ] THE Commission 23
shall be paid the amount necessary to extinguish the benefit charge before the deed 24
evidencing the transfer may be recorded in the land records of the county in which the 25
property is located. 26
[(c) When property is acquired by eminent domain: 27
(1) the Commission shall be named a party to the eminent domain 28
proceedings and the jury shall make a separate award to the Commission of the amount 29
necessary to extinguish the benefit charge; or 30
(2) the condemning authority shall pay the Commission the amount 31
necessary to extinguish the benefit charge at the same time the condemning authority pays 32
the amount awarded to the property owner if: 33
(i) by oversight or mistake, the Commission is not named a party to 34
the proceedings; or 35
HOUSE BILL 1550 61
(ii) the jury’s inquisition does not specify a separate award for the 1
amount necessary to pay the benefit charge.] 2
[(d)] (C) If the Housing Opportunities Commission of Montgome ry County 3
allows a benefit charge to become delinquent: 4
(1) by the first month of the next fiscal year, the Montgomery County 5
Council shall authorize and appropriate sufficient funds to pay the delinquent benefit 6
charge and all penalties and interest on the charge; and 7
(2) the Montgomery County Executive shall pay the appropriated funds to 8
the Commission promptly. 9
27–107. 10
(c) [(1)] If a person has a building, conduit, pipe, track, or other physical 11
obstruction on a public roadway in Montgomery Coun ty or Prince George’s County that 12
blocks or impedes the Commission’s water or sewer system, on reasonable notice from the 13
Commission, the person shall promptly adjust, accommodate, or remove the obstruction at 14
the person’s expense and in a manner that fully meets the Commission’s needs. 15
[(2) The Commission may condemn an easement in a franchise or right in 16
accordance with Title 21, Subtitle 1 of this article.] 17
Article – Real Property 18
8A–1802. 19
(b) This subtitle does not apply to the potential sale of a manufactured housing 20
community if: 21
(1) A mortgagee, grantee, or other secured party has foreclosed on the 22
manufactured housing community and the mortgagee, grantee, or secured party is selling 23
the manufactured housing community: 24
(i) At a foreclosure sale; or 25
(ii) After purchasing the manufactured housing community at a 26
foreclosure sale; 27
(2) The community owner is selling the manufactured housing community 28
to: 29
(i) A family member of the community owner; or 30
62 HOUSE BILL 1550
(ii) A trust whose benefici aries are family members of the 1
community owner; 2
(3) The community owner is a partnership, limited liability company, or 3
similar business entity and the sale is to one or more of the partners or members of the 4
business entity; 5
(4) The conveyance of an interest in the manufactured housing community 6
is incidental to the financing of the manufactured housing community; 7
(5) The sale of the manufactured housing community is between joint 8
tenants or tenants in common; 9
(6) [The sale of the manufactured housing community is a result of the 10
exercise of the power of eminent domain; 11
(7)] The sale of the manufactured housing community involves a merger, 12
recapitalization, or similar transaction where: 13
(i) At least one community owner prior to the transaction remains 14
a community owner after the transaction; and 15
(ii) The community owner files an affidavit, recorded in the land 16
records in the county in which the property is located, affirming that the community owner 17
will allow continued use of th e land as a manufactured housing community for at least 6 18
months after the date the transaction is finalized; or 19
[(8)] (7) The sale of the manufactured housing community involves: 20
(i) A like–kind exchange; or 21
(ii) A sale of more than one home in the community to a single 22
purchaser. 23
[11–112. 24
(a) In this section, the term “taking under the power of eminent domain” includes 25
any sale in settlement of any pending or threatened condemnation proceeding. 26
(b) The declaration or bylaws may provide for an allocation of any award for a 27
taking under the power of eminent domain of all or a part of the condominium. The 28
declaration or bylaws also may provide for (1) reapportionment or other change of the 29
percentage interests appurtenant to each unit remainin g after any taking; (2) the 30
rebuilding, relocation, or restoration of any improvements so taken in whole or in part; and 31
(3) the termination of the condominium regime following any taking. 32
HOUSE BILL 1550 63
(c) Unless otherwise provided in the declaration or bylaws, any d amages for a 1
taking of all or part of a condominium shall be awarded as follows: 2
(1) Each unit owner shall be entitled to the entire award for the taking of 3
all or part of his respective unit and for consequential damages to his unit. 4
(2) Any award for the taking of limited common elements shall be allocated 5
to the unit owners of the units to which the use of those limited common elements is 6
restricted in proportion to their respective percentage interests in the common elements. 7
(3) Any award for the taking of general common elements shall be allocated 8
to all unit owners in proportion to their respective percentage interests in the common 9
elements. 10
(d) Unless otherwise provided in the declaration or bylaws, following the taking 11
of a part of a con dominium, the council of unit owners shall not be obligated to replace 12
improvements taken but promptly shall undertake to restore the remaining improvements 13
of the condominium to a safe and habitable condition. Any costs of such restoration shall 14
be a common expense. 15
(e) Unless provided in the declaration or bylaws, following the taking of all or a 16
part of any unit, the percentage interests appurtenant to the unit shall be adjusted in 17
proportion as the amount of floor area of the unit so taken bears to the floor area of the unit 18
prior to the taking. The council of unit owners promptly shall prepare and record an 19
amendment to the declaration reflecting the new percentage interests appurtenant to the 20
unit. Subject to subsection (g) of this section: 21
(1) Following the taking of part of a unit the votes appurtenant to that unit 22
shall be appurtenant to the remainder of that unit; and 23
(2) Following the taking of all of a unit the right to vote appurtenant to the 24
unit shall terminate. 25
(f) All damages for each unit shall be distributed in accordance with the priority 26
of interests at law or in equity in each respective unit. 27
(g) Except to the extent specifically described in the condemnation declaration or 28
grant in lieu thereof, a taking of all or part of a unit may not include any of the percentage 29
interests or votes appurtenant to the unit.] 30
11–123. 31
(a) [Except in the case of a taking of all the units by eminent domain under § 32
11–112 of this title, a] A condominium may be terminated only by agreement of unit owners 33
of units to which at least 80 percent of the votes in the council of unit owners are allocated, 34
or any larger percentage the declaration specifies. The declaration may specify a smaller 35
64 HOUSE BILL 1550
percentage only if all of the units in the condominium a re restricted exclusively to 1
nonresidential uses. 2
11–125. 3
(f) (4) By majority vote, the board of directors may [settle an eminent domain 4
proceeding or] grant to the State or any county, municipality, or agency or instrumentality 5
thereof [with condemnati on authority ], perpetual easements, rights –of–way, licenses, 6
leases in excess of 1 year, or similar interests affecting the common elements of the 7
condominium for road, highway, sidewalk, bikeway, storm drain, sewer, water, utility, and 8
similar public purposes. These actions by the board of directors are subject to the following 9
requirements: 10
(i) The action shall be taken at a meeting of the board held after at 11
least 60 –days’ notice to all unit owners and all first mortgagees listed with the 12
condominium; 13
(ii) The notice shall include information provided by the 14
condemnation authority that describes the purpose and the extent of the property being 15
acquired for public use; and 16
(iii) At the meeting, the board may not act until all unit owners and 17
mortgagees in attendance have been afforded a reasonable opportunity to present their 18
views on the proposed easement, right–of–way, license, lease, or similar interest. 19
Article – State Finance and Procurement 20
5A–305. 21
(b) The Board of Public Works may acquire architectural easements by purchase, 22
gift, OR exchange[, or condemnation under Title 12 of the Real Property Article,] with any 23
available money. 24
(c) The Board of Public Works may: 25
(1) agree or contract with the owner or user of real property in the specified 26
area to prohibit the owner or user from making any structural or other physical change in 27
the property that the Board of Public Works determines would harm the architectural and 28
scenic integrity and beauty of the property and the specified area; and 29
(2) give the owner or user cash or other consideration[, including a promise 30
not to acquire an architectural easement by condemnation over part or all of the property 31
while the owner or user complies with the agreement or contract]. 32
[10–202. 33
HOUSE BILL 1550 65
(a) This section does not apply to property to be acquired in connection with State 1
roads, bridges, or highways. 2
(b) Subject to Title 12 of the Real Property Article, the Board may condemn 3
property for State use. 4
(c) The Department of General Service s, with the approval of the Board, shall 5
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 6
that establish a uniform method of determining the value of any applicable life estate 7
discount for property condemned in accordance with this section.] 8
Article – Tax – Property 9
8–211. 10
(m) (1) Land that is removed from an agreement by [eminent domain or other] 11
AN involuntary proceeding is not subject to: 12
(i) reassessment under subsection (i) of this section; or 13
(ii) penalty under subsection (l) of this section. 14
(2) If only part of the land subject to an agreement is removed by [eminent 15
domain or other] AN involuntary procedure the supervisor shall: 16
(i) apportion the assessment and enter the removed part as a 17
separate assessment on the tax roll; and 18
(ii) adjust the assessment of the land that remains under the 19
agreement to reflect the change. 20
Article – Transportation 21
[4–206. 22
Subject to Title 12 of the Real Property Article and Ch. 608, Acts of 1976, the 23
Authority may condemn property for any transportation facilities project authorized to be 24
financed with revenue bonds of prior issues.] 25
5–405. 26
(a) With the approval of the Secretary, the Administration may acquire, by gift, 27
purchase, lease, [condemnation,] or otherwise, any property, including any easement in 28
airport hazards or in land outside the boundaries of an airport or airport site, for the 29
purposes of establishing or operating an airport, airport facility, or air navigation facility, 30
if the acquisition is necessary: 31
66 HOUSE BILL 1550
(1) To permit the safe and efficient operation of an airport; 1
(2) To permit the removal, elimination, obstruction –marking, or 2
obstruction–lighting of airport hazards; or 3
(3) To prevent the establishment of airport hazards. 4
(b) The Administration may acquire, in like manner, any existing airport, airport 5
facility, or air navigation facility. However, it may not acquire any airport, airport facility, 6
or air navigation facility owned or controlled by a political subdivision of this or any other 7
state without the consent of the political subdivision. 8
[(c) Any condemnation proceedings under this section shall be instituted and 9
maintained in the name of this State and conducted under Title 12 of the Real Property 10
Article.] 11
5–417. 12
[(a)] A political subdivision may acquire [,] by purchase [or, if unable to agree on 13
terms, by condemnation, ] any property, including any air right or interest, needed to 14
establish or operate an airport, airport facility, or air navigation facility. 15
[(b) Any condemnation of property under this section shall be under the law by 16
which the political subdivision may condemn property for public purposes other than street 17
purposes or, if it has no such law, under Title 12 of the Real Property Article.] 18
5–420. 19
(b) If a political subdivision contracts with a common carrier of passengers or 20
freight by air to acquire an airport, airport facility, or air navigation facility and to sell the 21
acquired property to the common carrier, the political subdivision may: 22
(1) Borrow money not exceeding the amount of the purchase price under 23
the contract; and 24
(2) Use the money to acquire the property[,] by purchase[, condemnation,] 25
or otherwise. 26
5–4A–01. 27
[(j) In the event of condemnation of land under an airport preservation easement, 28
the condemning authority shall pay: 29
HOUSE BILL 1550 67
(1) To the landowner the full amount that the landowner would be entitled 1
to if the land was not under easement, less any amount paid to the landowner by the county 2
or municipal corporation for the easement; and 3
(2) To the county or municipal corporation, to be deposited into the county’s 4
or municipal corporation’s general fund, the value of the easement.] 5
5–602. 6
An airport hazard endangers the lives and property of the users of an airport and of 7
the occupants of land in its vicinity, and it also reduces, in effect, the area available for the 8
landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the 9
utility of an airport. It is, therefore, in the interest of public health, safety, and general 10
welfare that the political subdivisions of this State be authorized to adopt zoning 11
regulations, as provided in this subtitle, and to acquire prop erty, by purchase, grant, OR 12
lease[, or condemnation,] in order to eliminate airport hazards. 13
5–616. 14
[(a)] A political subdivision that owns, controls, or operates an airport may acquire, 15
by purchase, grant, OR lease, [or condemnation,] any property, including any air right or 16
interest, needed to eliminate an airport hazard, to protect the aerial approaches to the 17
airport, or to effectuate the purpose of this subtitle, if: 18
(1) A nonconforming use, structure, or tree or other vegetation is an airport 19
hazard, and it is necessary or desirable to remove, lower, or otherwise terminate it; 20
(2) Because of constitutional limitations, the aerial approaches to the 21
airport cannot be made or kept safe by airport zoning regulations adopted under this 22
subtitle; 23
(3) It is advantageous to make and keep aerial approaches to the airport 24
safe by the acquisition of property rather than by airport zoning regulations; or 25
(4) Any zoning regulation or any action of a zoning authority interferes 26
with the use or enjoyme nt of private property or otherwise infringes on private property 27
rights so much that it would be taking of private property without the just compensation 28
required by the Constitution of the United States or the Maryland Constitution. 29
[(b) Any condemnation of property under this section shall be under the law by 30
which the political subdivision may condemn property for public purposes other than street 31
purposes or, if it has no such law, under Title 12 of the Real Property Article.] 32
5–823. 33
68 HOUSE BILL 1550
(a) The Executive Director may acquire [,] by purchase [or condemnation,] any 1
property for noise compatibility purposes in any noise zone surrounding a State –owned 2
airport. 3
[6–301. 4
(a) Subject to the provisions of this subtitle, the Administration may acquire in 5
its own name, by purchase or by condemnation, any property, including any public land, 6
land lying under water, or riparian right, necessary or convenient to construct or operate 7
any project. 8
(b) (1) Any condemnation proceedings under this section shall be c onducted 9
under Title 12 of the Real Property Article. 10
(2) The Administration may not condemn any property unless the property 11
is located entirely within the territorial jurisdiction of the Administration. 12
(3) The Administration may not condemn any property that belongs to a 13
public service company subject to Division I of the Public Utilities Article, if the property 14
is: 15
(i) Devoted to public use; or 16
(ii) Reasonably necessary for future public use by the public service 17
company.] 18
6–303. 19
(a) The Administration may not acquire by purchase [or condemnation ] any 20
property owned by this State or any of its agencies without the prior approval of the Board 21
of Public Works. 22
6–304. 23
(a) The Administration may not acquire by purchase [or condemnatio n] any 24
property located in any political subdivision of this State without the prior approval of the 25
political subdivision, as provided for in this section. 26
(b) Approval required by this section shall be obtained as follows: 27
(1) If the property is located in a county other than Baltimore City and not 28
in any municipal corporation, from the county; 29
(2) If the property is located in a municipal corporation within any county, 30
both from the mayor and council, by whatever name known, of the municipal corp oration 31
and from the county; and 32
HOUSE BILL 1550 69
(3) If the property is located in Baltimore City, from the Board of Estimates 1
of Baltimore City. 2
(c) If the Administration makes a written request for approval of the appropriate 3
body, the approval required by this section is deemed to be given unless the Administration 4
is notified in writing to the contrary within 90 days after it makes the request. 5
[(d) This section does not affect the right of the Administration to acquire an option 6
or institute any condemnation proceedings for later acquisition of the property once the 7
approval required by this section is obtained.] 8
7–204. 9
(d) If necessary or useful in rendering transit service or railroad service or 10
incidental activities, the Administration may: 11
(1) Construct, acquire, own, operate, maintain, and control any interest in 12
any property, whether by contract, purchase, [condemnation,] lease as lessor or lessee, 13
license, gift, mortgage, or otherwise; and 14
(2) If the property is no longer required for the purposes of the 15
Administration, sell, convey, or otherwise dispose of it. 16
7–301. 17
(b) The plans shall specify: 18
(3) Whether the transit facilities are to be constructed or acquired by 19
lease[,] OR purchase[, or condemnation]; 20
7–401. 21
[(a) In connection with any matter under its jurisdiction, the Administration may 22
acquire by condemnation any property located in the District. 23
(b)] The Administration may purchase the capital stock of a private carrier or 24
acquire by purchase[,] OR lease[, or condemnation] any property of a private carrier used 25
or useful in rendering transit service, including any rolling stock, shops, garages, terminals, 26
and other assets, property, or facilities. 27
[(c) Any condemnation of real or personal property under this section sha ll be 28
instituted and maintained in the name of the Administration and conducted under Title 12 29
of the Real Property Article.] 30
7–901. 31
70 HOUSE BILL 1550
(b) [(1)] With the approval of the Board of Public Works, the Secretary or the 1
Administration may acquire on behalf of this State, by gift, purchase, lease, 2
[condemnation,] or otherwise, for any transportation related purpose, any railroad corridor 3
property that has been abandoned pursuant to action or regulations of the Interstate 4
Commerce Commission or other governing agency with jurisdiction in the matter. 5
[(2) Any condemnation proceeding under this section shall be instituted and 6
maintained in the name of this State and is governed by Title 12 of the Real Property 7
Article.] 8
8–218. 9
[(a)] The Commission has the powers and duties: 10
(1) That are vested in it by Article III, § 40B of the Maryland Constitution, 11
subject to and in accordance with the provisions of Subtitle 3, Parts III and IV of this title; 12
and 13
(2) That otherwise are vested in it by law or delegated to it by the 14
Administrator or the Secretary. 15
[(b) Only the Commission may exercise the condemnation powers and duties 16
vested in it by Article III, § 40B of the Maryland Constitution.] 17
8–302. 18
[(a)] The Administration may acquire for this State, [by condemnation under Title 19
12 of the Real Property Article or] by lease, agreement, gift, grant, purchase, or otherwise, 20
any private property for any p ublic purpose that it considers necessary or desirable to 21
perform the duties imposed by this title or for any other purpose authorized under this title. 22
[(b) On behalf of and at the request of the Administration, the State Roads 23
Commission may exercise t he authority vested in it by Article III, § 40B of the Maryland 24
Constitution and acquire for this State, by condemnation under Part III or Part IV of this 25
subtitle, any private property for any highway purpose.] 26
8–303. 27
[(d) This section does not create a condition precedent to or otherwise limit in any 28
way the power to condemn property under this subtitle.] 29
8–307. 30
[(c) (1) If the property is acquired by condemnation, the provisions of this 31
subsection apply. 32
HOUSE BILL 1550 71
(2) If the special tax district is not a party to the condemnation proceeding, 1
the jury may consider the amount of the unpaid assessment in determining the amount of 2
damages. If it does so, the property owner is entitled to the full amount awarded for the 3
property value, and the amount due for the unpaid assessment shall be paid by the 4
Administration to the special tax district. If it does not do so, the Administration shall 5
provide for the payment of the unpaid assessment as required by subsection (b) of this 6
section. 7
(3) If the special tax district is a party to the condemnation proceeding, the 8
jury shall make: 9
(i) An award in favor of the special tax district for the unpaid 10
amount of the assessment; and 11
(ii) A separate award in favor of the property owner for the value of 12
the property, less the unpaid amount of the assessment.] 13
8–313. 14
(b) Land may not be acquired under this section by condemnation [unless the 15
Administration determines that the land is needed for immediate or proposed construction 16
of a State highway or a related parking or service area. However, land may be acquired for 17
a related parking or service area only if it is adjacent to a controlled access highway]. 18
8–625. 19
(d) (1) This subsection does not apply to an expressway, freeway, interstate 20
highway, or parkway. 21
(2) Notwithstanding subsection (c)(2)(ii) of this section, the Administration 22
may not deny an owner of property abutting a State highway all access to the highway if 23
the abutment is within the boundaries of a municipal corporation unless: 24
(i) The pr operty abuts another public road to which reasonable 25
access can be granted; OR 26
(ii) The denial is based on an access management plan that has been 27
agreed to by the Administration and the municipal corporation[; or 28
(iii) The Administration pays just compensation to the property 29
owner as part of the exercise of eminent domain powers]. 30
8–809. 31
72 HOUSE BILL 1550
(c) [(1) Except as provided in paragraph (2) of this subsection, property ] 1
PROPERTY may be acquired under Subtitle 3 of this title for any purpose specified in this 2
section. 3
[(2) Property to relocate a junkyard, automotive dismantler and recycler 4
facility, or scrap metal processing facility under subsection (b) of this section may be 5
acquired by condemnation only if the property is located in an area zoned for industrial use 6
or in an unzoned area that is used for an industrial activity.] 7
SECTION 6. AND BE IT FURTHER ENACTED, That the General Assembly 8
determines that the amendment to the Maryland Constitution proposed by Section 4 of this 9
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 10
Constitution concerning local approval of constitutional amendments do not apply. 11
SECTION 7. AND BE IT FURTHER ENACTED, That the amendment to the 12
Maryland Constitution proposed by Section 4 of this Act shall be submitted to the qualified 13
voters of the State at the next general election to be held in November 2026 for adoption or 14
rejection in accordance with Article XIV of the Maryland Constitution. At that general 15
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 16
each ballot there shall be printed the words “For the Constitutional Amendment” and 17
“Against the Constitutional Amendment”, as now provided by law. Immediately after the 18
election, all returns shall be made to the Governor of the vote for and against the proposed 19
amendment, as directed by Article XIV of the Maryland Constitution, and further 20
proceedings held in accordance with Article XIV. 21
SECTION 8. AND BE IT FURTHER ENACTED, That the publisher of the 22
Annotated Code of Maryland, in consultation with and subject to the approval of the 23
Department of Legislative Service, shall correct, with no further action required by the 24
General Assembly, c ross–references and terminology rendered incorrect by this Act. 25
References to “condemnation” and “eminent domain” shall be repealed. The publisher shall 26
adequately describe any correction that is made in an editor’s note following the section 27
affected. 28
SECTION 9. AND BE IT FURTHER ENACTED, That, except as provided in Section 29
7 of this Act, this Act shall take effect June 1, 2026. 30