# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 49. Streets and Roads.

### Article 4. Acquisition of Land.

**Sec. 49-45. Authority to acquire land for transportation purposes.**

  The County may buy land which is needed in connection with:

  (a)   the opening of any new road, bikeway, or sidewalk,

  (b)   the construction or repair of any bridge,

  (c)   the relocation, straightening or widening of any road, street, alley, bikeway, or sidewalk,

  (d)   the proper drainage of any road, street, alley, bikeway or sidewalk,

  (e)   the building of any public building or structure, or

  (f)   any other public transportation purpose.

**Sec. 49-46. Condemnation.**

  If the County cannot agree with the owner of any land, building, or improvement required for any public purpose listed in Section 49-45, the County may condemn the land, building, or improvement, or any interest in them, for the use of the County under any applicable State law that authorizes condemnation by local governments.

  The County need not accept the award or judgment rendered in any proceeding under this Section, but instead may abandon the project after paying any costs required by law.

**Sec. 49-47. Reserved.**

**Sec. 49-48. Reserved.**

**Sec. 49-49. Procedure after construction work has been done.**

  If the County has built any road, highway, street, bridge, bikeway, sidewalk, curb, gutter or drainage ditch on any land which the County did not own or have authority to use, the County may condemn the land and any improvements on it under any applicable State law which authorizes the condemnation of land for public purposes as though the improvement had not been built before condemnation proceedings began.

**Sec. 49-50. Optional method of condemnation of land for streets or roads.**

  As authorized by Section 40A of Article III of the Maryland Constitution, the County may acquire any land or interest in land required for a right-of-way for a County road or street by using the following procedure:

  (a)   When the County Council finds an immediate need to acquire land or an interest in land, the Council by resolution must:

    (1)   describe the property,

    (2)   list the owner as the owner appears on the County assessment records,

    (3)   appoint a licensed real estate broker or a licensed real estate appraiser to estimate the property's fair market value,

    (4)   direct the County Attorney to acquire the property or interest under this procedure, and

    (5)   guarantee the payment of any amount above the estimated fair market value, later awarded by a jury.

  (b)

    (1)   Promptly after being appointed, the broker or appraiser must estimate the fair market value of the property or interest and submit a written report to the County.

    (2)   The County then may by petition, naming the owner and all persons of record whose interest in the property would be taken, pay to the Circuit Court the amount estimated by the broker or appraiser to be the fair market value of the property, and record a copy of the resolution of taking in the County land records.  A copy of the resolution must be attached to the petition and filed with the Circuit Court.  A copy of the petition and resolution must be sent to each person named in the petition.

    (3)   A copy of the petition and resolution must be filed with the Supervisor of Assessments, who must promptly adjust the tax assessment records.

    (4)   The County may then immediately take possession of the property or interest described in the resolution without further notice to the property owner or other person of interest, and may proceed with the road or street project.

    (5)   Payment into court of the amount estimated by the County's broker or appraiser to be the fair market value of the property or interest does not limit the amount that may be later awarded by a jury. The guarantee of the County to pay any further sum later awarded by a jury remains in effect until the final disposition of the proceeding.

  (c)   The owner of any property or interest taken, upon written request to the Clerk of the Court, must receive the amount paid to the court if the owner agrees in writing filed with the Clerk to pay back to the County the difference between the amount received and a final award made by a jury, if the final award is less than the amount paid to the court.

  (d)   Upon payment of the required money to the court under subsection (b)(2), the County must negotiate with the property owner to attempt to obtain by amicable negotiation any right, title or interest necessary for the road or street project. If the County and the owner cannot agree on a sum to be paid after payment to the court, the owner may request the County to institute condemnation proceedings. The County must, within 90 days after receiving a request, begin condemnation proceedings under Title 12 of the Real Property Article of the Maryland Code, or any successor provision.  The County on its own may also begin condemnation proceedings at any time.

  (e)   The jury award on any property or interest taken under this Section must be based on the value of the property or interest when the County paid to the court.

  (f)   The County is not required to accept the estimate of its broker or appraiser.  Before paying any funds to the court, the County may withdraw its petition by paying any costs required by law. In that case, the County is not entitled to take possession of the property or interest. In withdrawing its petition, the County does not waive its right to begin a condemnation action or a new proceeding under this Section against the same property, or to buy the same property or interest by negotiation with the owner.

  (g)   The procedure in this Section does not apply if the property to be taken includes a building.