Eminent Domain Attorney in Annapolis

How the Maryland Condemnation Process Works

Maryland law requires any condemning authority to make every reasonable effort to acquire property through negotiation before filing a condemnation action. If those negotiations fail, the authority files a condemnation petition in the circuit court of the county where the property is located.

Quick-Take Authority

Some Maryland condemnation actions proceed under quick-take authority. The condemning authority deposits its estimated just compensation into the circuit court registry and may take possession before the final value is determined by a judge or jury. The date of that deposit becomes the valuation date, which affects how an independent appraisal must be prepared. The property owner retains the right to contest the amount at trial.

Board of Property Review Hearings

State Roads Commission quick-take matters may proceed to a Board of Property Review (BPR) hearing rather than directly to circuit court. Each county in Maryland maintains its own BPR, composed of an attorney, a farmer, and an engineer. Either party may appeal a BPR award to circuit court for a full de novo review, meaning the case is heard entirely fresh without deference to the BPR’s findings.

Circuit Court & Jury Trial Rights

Except in immediate condemnation cases, property owners have the right to request a jury trial on fair market value. If the property owner prevails, the condemning authority must pay court costs, including reasonable legal, appraisal, and engineering fees. Interest at 6% per annum accrues on any difference between the initial deposit and the final jury award. Maryland does not require the condemning authority to pay a property owner’s attorney fees in most condemnation proceedings; owners typically pay legal costs out of the award or through a fee arrangement agreed upon with their attorney.

Under Maryland Real Property Code Ann. section 12-105.1, a condemnation action must generally be filed within four years of the specific administrative or legislative authorization to acquire the property.

What Just Compensation Covers in Maryland

The government’s appraisal represents its own interest. Property owners have the right to obtain an independent appraisal and present that evidence at trial or in settlement negotiations.

Fair Market Value
Just compensation equals what a willing buyer would pay a willing seller for the property taken, measured at the date of valuation.

Severance Damages
In a partial taking, the property owner may also be entitled to severance damages reflecting any reduction in value caused to the portion not taken.

Relocation Benefits
Displaced homeowners may be entitled to compensation for the reasonable cost of a comparable replacement dwelling, including increased financing costs.

Business Compensation
Business owners may seek compensation beyond property value, including relocation costs for inventory, equipment, and fixtures, lost goodwill tied to the established location, and lost profits during transition. These claims require documentation and legal advocacy to support.

Owners may also receive a credit for taxes paid before the date of taking. Don’t discuss property value with the government’s representatives or apply for tax assessment reductions before speaking with an attorney. Statements about value and assessment filings may be used against an owner in the condemnation proceeding.