How does eminent domain work?

Under Maryland law, eminent domain is the power of the government to take private property for a public use, such as a road, a school, or a park, without the owner’s consent. The government must provide fair compensation to the owner, but the owner cannot refuse the government’s offer. The first step in the eminent domain process in Maryland is for the government to file a “declaration of taking” in the court. This document states the public purpose for the taking and describes the property that is being taken. The declaration also specifies the amount of compensation that the owner will receive for the use of their property. Next, the government will hold a hearing. During the hearing, the owner will have the opportunity to challenge the taking by arguing that it is not for a valid public purpose or that the amount of compensation is inadequate. Ultimately, the court will issue a “condemnation order” which is a court order that allows the taking of the property. If the owner disagrees with the amount of compensation ordered, they may take the case to court and sue for more. Once the condemning authority takes possession of the property, they must pay the owner the amount of money set by the court. If the owner is not satisfied with the amount, the owner can take the case to court to seek more compensation.

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How does eminent domain work?

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