The plaintiff should pay all the costs in the trial court and also interest at the rate of six percent per annum on any difference between the amount of money initially paid into court for the use of the defendant and the jury award[vii]. § 12-107 provides that any party to a condemnation case may appeal from a final judgment or determination.
Maryland Eminent Domain Laws can be found in Title 12 of Code of Maryland.
Subtitle one of title twelve contain the general provisions and subtitle two contains provisions regarding relocation and assistance. § 12-101 provides that the state, any of its instrumentalities, or political subdivisions acting under statute or ordinance passed pursuant to Article III of the Maryland Constitution, may take private property for public use immediately on making the required payment and giving any required security.
All proceedings for the acquisition of private property for public use by condemnation are governed by the provisions of title 12[i]. A property is deemed to be taken if the plaintiff lawfully is authorized to take the property before trial pursuant to Article III of the Constitution of the State and the required payment has been made to the defendant or into court and the plaintiff has taken possession of the property and actually and lawfully appropriated it to the public purposes of the plaintiff[ii].
The damages to be awarded for the taking of land are its fair market value[iii].
When part of land is taken, the damages to be awarded is the fair market value of the part taken, but not less than the actual value of the part taken plus any severance or resulting damages to the remaining land by reason of the taking and of future use by the plaintiff of the part taken[iv].
For the purpose of determining the extent of the taking and the valuation of the tenant’s interest in a condemnation proceeding, improvement or installation done by the tenant is deemed personal property of the tenant and it is excluded from the taking[v]. The state or any of its instrumentalities or political subdivisions should file an action to acquire private property for public use by condemnation within four years of the date of the specific administrative or legislative authorization to acquire the property[vi]. However, if an action for condemnation is not filed within four years, the state, any of its instrumentalities, or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. We try to keep the information provided here up to date.However, laws often change, as do their interpretation and application.Different jurisdictions within a state may enforce the laws in different ways.