How do I challenge the taking of my property?

If the government is trying to take your property through the act of eminent domain, then there are certain steps you must take to challenge the taking of your property. In Maryland, the first step to challenging the taking of your property is to make a written objection to the eminent domain action. The objecting party must specify the reasons for the objection and it must be submitted to the appropriate agency within the time and manner prescribed by the applicable statutes and regulations. Additionally, a hearing must take place and be heard by the appropriate court or agency, and then a decision about the eminent domain action must be made. The decision of the court or agency is usually binding on all parties involved, including the government and the property owner. The property owner may also petition the court for judicial review of the decision made by the court or agency. During this process, the court will consider whether the decision made was made in error or was not supported by substantial evidence. Finally, the property owner may also file a complaint in the appropriate circuit court to challenge the taking of their property. The complaint must include detailed and specific facts or legal arguments that support the challenge. If the complaint is successful, the court may determine that the taking of the property was unlawful and award damages to the owner. Overall, to challenge an eminent domain action in Maryland, the property owner should make a written objection, request a hearing, consider a petition for judicial review, and also file a complaint in the circuit court.

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