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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0630*
SENATE BILL 630
N1, C5 6lr2528
CF 6lr2530
By: Senators West and Hester
Introduced and read first time: February 5, 2026
Assigned to: Judicial Proceedings and Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Overhead Transmission Lines and Eminent Domain – Property Value – Damages 2
FOR the purpose of authorizing the owner of property used for residential purposes to bring 3
an action to recover damages incurred as a result of the value of the property being 4
diminished from the use of eminent domain to take property and construct an 5
overhead transmission line within a certain distance of the property owner’s 6
residence; requiring that reasonable fees be awarded to counsel for the defendant in 7
a condemnation proceeding and that the costs be charged against the plaintiff under 8
certain circumstances; and generally relating to overhead transmission lines and 9
eminent domain. 10
BY adding to 11
Article – Real Property 12
Section 12–104(h) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Real Property 17
Section 12–105(b) and 12–107(b) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Real Property 22
Section 12–107(a) 23
Annotated Code of Maryland 24
(2023 Replacement Volume and 2025 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 SENATE BILL 630
Article – Real Property 1
12–104. 2
(H) (1) THE OWNER OF PROPERTY THAT IS USED FOR RES IDENTIAL 3
PURPOSES MAY BRING A N ACTION IN A COURT OF COMPETENT JURISDICTION FOR 4
DAMAGES INCURRED AS THE RESU LT OF THE VALUE OF T HAT PROPERTY BEING 5
DIMINISHED BY THE TA KING OF ANOTHER PROP ERTY IN ACCORDANCE W ITH THIS 6
SUBTITLE IF THE PROPERTY BEING TAKEN: 7
(I) IS LOCATED WITHIN 300 FEET OF THE OWNER’S RESIDENCE; 8
AND 9
(II) WAS TAKEN IN CONJUNCTION WITH THE CONSTRUCTION OF 10
AN OVERHEAD TRANSMISSION LINE OR RELATED INFRASTRUCTURE. 11
(2) A PROPERTY OWNER WHO B RINGS AN ACTION UNDE R THIS 12
SUBSECTION AND IS AW ARDED DAMAGES MAY AL SO SEEK , AND THE COURT MAY 13
AWARD, REASONABLE ATTORNEY’S FEES. 14
(3) A PROPERTY OWNER MAY BRING AN ACTION UNDER PARAGRAPH 15
(1) OF THIS SUBSECTION O N THE ENTERING OF TH E FINAL DECISION IN A 16
CONDEMNATION PROCEEDING. 17
12–105. 18
(b) (1) (I) The fair market value of property in a condemnation proceeding 19
is the price as of the valuation date for the highest and best use of the property which a 20
vendor, willing but not obligated to sell, would accept for the property, and which a 21
purchaser, willing but not obligated to buy, would pay, excluding any increment in value 22
proximately caused by the public project for which the property condemned is needed. [In 23
addition, fair] 24
(II) FAIR market value includes any amount by which the price 25
reflects a diminution in value occurring between the effective date of legislative authority 26
for the acquisition of the property and the date of actual taking if the trier of facts finds 27
that the diminution in value was proximately caused by the public project for which the 28
property condemned is needed, or by announcements or acts of the plaintiff or its officials 29
concerning the public project, and was beyond the reasonable control of the property owner. 30
(2) (I) THIS PARAGRAPH APPLIE S ONLY TO A CONDEMNA TION 31
PROCEEDING RELATED T O THE CONSTRUCTION O F AN OVERHEAD TRANSM ISSION 32
LINE IN ACCORDANCE WITH § 7–207 OF THE PUBLIC UTILITIES ARTICLE. 33
SENATE BILL 630 3
(II) IF THE FINAL DECISION IN A CONDEMNATION PROCEEDING 1
IS THAT THE ASSESSED VALUE OF THE PROPERTY IS GREATER THAN THE APPRAISED 2
VALUE PLACED ON THE PROPERTY BY THE COND EMNING AUTHORITY , A 3
REASONABLE COUNSEL F EE F IXED BY THE TRIAL CO URT SHALL BE AWARDED TO 4
COUNSEL FOR THE DEFENDANT AND CHARGED AGAINST THE PLAINTIFF TOGETHER 5
WITH THE OTHER COSTS OF THE CASE. 6
12–107. 7
(a) Any party to a condemnation case may appeal from a final judgment or 8
determination in the manner prescribed by the Maryland Rules. 9
(b) (1) If the final decision on appeal is that the plaintiff is not entitled to 10
condemn the property, a reasonable counsel fee fixed by the trial court shall be awarded to 11
counsel for the defendant and charged against the plaintiff together with the other costs of 12
the case. 13
(2) (I) THIS PARAGRAPH APPLIE S ONLY TO THE APPEAL OF A 14
CONDEMNATION CASE RE LATED TO THE CONSTRU CTION OF AN OVERHEAD 15
TRANSMISSION LINE IN ACCORDANCE WITH § 7–207 OF THE PUBLIC UTILITIES 16
ARTICLE. 17
(II) IF THE FINAL DECISION ON APPEAL IS THAT THE ASSESSED 18
VALUE OF THE PROPERTY IS GREATER THAN THE APPRAISED VALUE PLACED ON THE 19
PROPERTY BY THE CONDEMNING AUTHORITY, A REASONABLE COUNSEL FEE FIXED 20
BY THE TRIAL COURT S HALL BE AWARDED TO C OUNSEL FOR THE DEFENDANT AND 21
CHARGED AGAINST THE PLAINTIFF TOGETHER W ITH THE OTHER COSTS OF THE 22
CASE. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25