What is the power of eminent domain?

The power of eminent domain (also known as condemnation) is the authority of a government or its agent to take private property for public use. In the state of Maryland, eminent domain is authorized by the Maryland Constitution and Maryland Code. This power of the government can be used for a variety of purposes, including building roads, constructing public buildings, providing housing, creating parks, and more. In Maryland, the government must follow specific procedures before exercising its power of eminent domain. First, the government must determine that the proposed use of the property is for a public purpose. Second, the government must then provide notice to the owner of the property of its intent to condemn the property. The government must also make an effort to negotiate a purchase of the property from the owner. If the owner refuses to negotiate or if the parties cannot reach an agreement regarding the purchase price of the property, the government may proceed with condemnation proceedings. If the court approves the government’s exercise of its power of eminent domain, the government is required to pay the owner of the property just compensation for the impacted property. In Maryland, just compensation is defined as the value of the property “as if no condemnation had occurred.” The court must also consider the impact the condemnation could have on the surrounding property in determining the amount of just compensation. In summary, in Maryland, eminent domain is the power of the government to take private property for public use upon payment of just compensation. The government must follow certain procedures before exercising this power and must pay just compensation for any property taken.

Related FAQs

What is a public purpose?
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Is eminent domain constitutional?
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What is the power of eminent domain?

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