www.CharlesJeromeWare.com. "Here to make a difference."
For an initial courtesy consultation on issues concerning Maryland's Eminent Domain process, contact premier eminent domain attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com. The national offices of Charles Jerome Ware, Attorneys and Counselors, LLC are headquartered in Columbia, Howard County, Maryland.
I. EMINENT DOMAIN and CONDEMNATION.
(a) "Eminent Domain" is the authority of the government to take private property for public use.
(b) "Condemnation" is the process by which such takings of private property are achieved.
(c) But, the government's right or authority to take private property is not unlimited.
(d) The government's right to take private property is tempered by its reciprocal obligation to compensate the private owner for the property condemnded [see, the 5th and 14th amendments to the United States Constitution; as well as Article III, Section 40 of the Maryland Constitution].
(e) Maryland Eminent Domain Laws can be found in Title 12 of Maryland Code, Subtitle 1, which contains the general provisions. Subtitle 2 of Title 12 contains provisions regarding relocation and assistance.
II. Some of the different steps in the process of a Maryland Eminent Domain or Condemnation case include:
(a) The State of Maryland identifies a "public need" as well as the property to be acquired to satisfy the identified public need.
(b) Then, the State of Maryland condemning authority ("condemnor") gives notice (written notice) to the property owner that it intends to acquire the person's property; makes an offer to purchase; and begins negotiations to purchase the property with the owner.
(c) If negotiations with the property owner are unsuccessful, the condemnor may then file a lawsuit in the circuit court of the county in which the property is located.
(d) The condemnor then deposits into the court registry (in Quick-Take cases) an estimate of the alleged "just compensation", until the court makes a decision in the matter (in some cases). In traditional condemnation cases the date of value for so-called "just compensation" is set the date of trial in the matter.
(e) In "Quick-Take" cases, the property owner is entitled to withdraw the "value estimate" of just compensation deposited into the court registry pursuant to a motion filed with the court requesting that the funds be disbursed to the property owner (Again, this step is inapplicable to traditional eminent domain cases).
(f) The court issues a trial scheduling order.
(g) The next step will be the retention and designation of expert witnesses --- usually solely on the issue of value of the condemned property.
(h) Discovery, pursuant to the scheduling order occurs between the litigants (the State and the private owner(s)).
And more: (i) Continued Settlement Negotiations and Mediation; (j) Pre-trial hearings, (k) Condemnation Trial, (l) verdict, (m) Verdict, (n) Post-trial and Appeal, and (o) Relocation Benefits.
[see, (book) "Understanding the Law: A Primer," Attorney Charles Jerome Ware (2008); http://www.ownercounsel.com/The-Eminent-Domain-Process]
No comments:
Post a Comment