Maryland Protection of Homes, Small Businesses, and Private Property Act

Notwithstanding any other provision of law, neither Maryland nor any political subdivision thereof nor any other condemning entity shall use eminent domain unless it is necessary for a stated public use. Private property may not be taken nor damaged for private use.

Public use: The term "public use" shall only mean the possession, occupation, and enjoyment of the land by the general public, or by public agencies; or the use of land for the creation or functioning of public utilities; the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances, structures that are beyond repair or that are unfit for human habitation or use, and the acquisition of abandoned property. Where such public nuisances, structures beyond repair or unfit for habitation, and abandoned property cannot be economically redeveloped without the taking of immediately contiguous structures of lesser area, such immediately contiguous structures may be taken, provided that they do not house a bona fide retail or other business operational as of the date of proposal of the taking ordinance and provided that they do not include owner-occupied residential property as of such date Presumed public benefits of economic development, including an increase in tax base, tax revenues, employment, or increased commercial activity, shall not constitute a public use.

Maryland or its political subdivisions may find a concrete harmful effect of the current use of any land only after public notice, and reasonable opportunity for comment and local public hearing, and only for a time certain not to exceed sixty (60) months which period may be renewed but only after further public notice, and additional comment and local public hearing.

This act shall apply only to condemnation actions that are commenced after the effective date of enactment of this act.

If any property taken through eminent domain after the effective date of this act ceases to be used for the stated public use, the former owner of the property or a beneficiary or an heir, if a beneficiary or heir has been designated for this purpose, shall have the right to reacquire the property for the compensated amount or the fair market value of the property, whichever is less, before the property may be sold or transferred.

Drafted September 1, 2005