Title 5. Powers, Duties, and Prohibitions — Subtitle 4. Franchises and Condemnation
Statutes in effect as of October 1, 2026.
Md. Code Ann., Pub. Util. § 5-401 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–401LinkCopy Citation
Except as otherwise provided in this subtitle or by other law, the provisions of this subtitle are not subject to the jurisdiction of the Commission.
Md. Code Ann., Pub. Util. § 5-402 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–402LinkCopy Citation
(a)
This subtitle does not authorize a corporation to take or use property unless just compensation, as agreed on with the owner or awarded by a jury, has been paid or tendered to the parties entitled to compensation or paid into court.
(b)
This subtitle does not authorize the location of a public road on private property without the consent of the owner or the decision of the county commissioners or county council after notice and an opportunity to be heard as required by law for opening or altering public roads.
Md. Code Ann., Pub. Util. § 5-403 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–403LinkCopy Citation
(a)
This section applies to a domestic or foreign corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.
(b)
Subject to subsection (c) of this section, a corporation described in subsection (a) of this section may acquire by condemnation, in accordance with Title 12 of the Real Property Article, rights-of-way or easements necessary to lay, construct, modify, repair, maintain, operate, and remove pipelines and appurtenances to pipelines for transmitting and supplying gas.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a corporation may not condemn rights-of-way or easements under subsection (b) of this section unless the corporation:
(i)
(1)
transmits gas directly to local consumers in the State along the corporation’s proposed rights-of-way; and
(2)
offers to contract with those local consumers to supply them directly with gas on terms and conditions subject to the approval of the Commission; and
(ii)
has certified to the State Department of Assessments and Taxation the name and address of a resident agent of the corporation in the State, service of process on whom shall bind the corporation until the appointment of a substitute is certified to the State Department of Assessments and Taxation.
(2)
Paragraph (1) of this subsection does not affect the right of a corporation that was transmitting natural gas, artificial gas, or a mixture of natural and artificial gases for public use through one or more pipelines in the State on or before June 1, 1931, to condemn for public use necessary rights-of-way or easements for:
(i)
a pipeline or appurtenances to a pipeline in use on or before June 1, 1931;
(ii)
any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931; or
(iii)
any additional pipelines or appurtenances to pipelines along and on the same routes or along and on any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931.
(d)
This section does not affect the application of any provision of this article that applies generally or specifically to a corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.
Md. Code Ann., Pub. Util. § 5-404 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–404LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Oil pipeline corporation” means a corporation of this State, any other state, or the United States, that is:
(i)
engaged in the business of transporting refined petroleum products by pipeline as a common carrier public service corporation; and
(ii)
subject to the jurisdiction of either the United States Department of Energy (Federal Energy Regulatory Commission) or the Commission.
(3)
(i)
“Property” means real property in fee simple or any lesser right, interest, or estate that is necessary for the intrastate or interstate purposes of the oil pipeline corporation or both.
(ii)
“Property” includes:
(1)
privately owned property;
(2)
property owned by a public body; and
(3)
property devoted to public use if an acquisition under this section does not materially interfere with that public use.
(b)
An oil pipeline corporation that is operating an oil pipeline that existed in the State on or before July 1, 1978, may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property necessary to:
(1)
operate those existing oil pipelines and appurtenances; or
(2)
construct and operate additional oil pipelines and appurtenances along, on, adjacent to, or incidentally deviating not more than 50 feet from the routes followed by the corporation’s existing rights–of–way.
(c)
The right to acquire property under this section may be exercised only in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Montgomery, and Prince George’s counties and Baltimore City.
(d)
(1)
An oil pipeline corporation shall restore to its original condition any property used for construction or maintenance of a pipeline.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph, the construction or maintenance of the pipeline and the restoration of the property shall be completed within 7 days after the start of the construction or maintenance on that parcel of property.
(ii)
If weather conditions or the nature of the terrain make completion within 7 days unfeasible, the oil pipeline corporation shall complete the construction or maintenance of the pipeline and the restoration of the property within 30 days.
(e)
(1)
The right to acquire property under this section may not be exercised unless the oil pipeline corporation, whether or not it is otherwise subject to the jurisdiction of the Commission, first obtains an order from the Commission finding the acquisition to be in the public interest.
(2)
Before the Commission makes a finding and issues an order under this subsection, the Commission shall hold a public hearing.
(3)
The oil pipeline corporation shall give written notice of the public hearing to all affected property owners.
(f)
This section does not affect any other law of the State that applies generally or specifically to oil pipeline corporations.
Md. Code Ann., Pub. Util. § 5-405 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–405LinkCopy Citation
(a)
A railroad company or its authorized agent may agree with the owner to purchase, use, occupy, or divert the owner’s land, earth, gravel, stone, timber, streams, materials, or improvements that the company wants for the proper construction or repair of the railroad company’s roads or works.
(b)
The company may acquire the property by condemnation under Title 12 of the Real Property Article if:
(1)
the company cannot agree with the owner of the property; or
(2)
an owner:
(i)
is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or
(ii)
is absent from the county in which the property is located when the company wants the property.
Md. Code Ann., Pub. Util. § 5-406 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–406LinkCopy Citation
(a)
(1)
A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:
(i)
inconvenience to public travel;
(ii)
dangerous or difficult curves or grades; or
(iii)
unsafe or unsubstantial grounds or foundations.
(2)
A change of location or grade under this section shall follow the general route of the existing road.
(3)
A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.
(b)
(1)
A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.
(2)
The amount of damages determined shall be paid to the owner or deposited into court.
(3)
An owner shall claim damages within:
(i)
30 days after actual notice of the intended change has been given to the owner, if the owner resides on the premises; or
(ii)
60 days after publication of notice in a newspaper in general circulation in the county, if the owner is a nonresident.
(c)
If a railroad company condemns land under this section, the condemnation is binding on the company, unless the company chooses to abandon the location within 30 days after making the condemnation.
Md. Code Ann., Pub. Util. § 5-407 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–407LinkCopy Citation
(a)
A railroad company and the municipal corporation, public officer, or public authority that owns or has control of any road, street, alley, or other public way or ground necessary to locate any part of the railroad may agree on the manner, terms, and conditions allowing the railroad company to use or occupy the road, street, alley, or other public way or ground.
(b)
If the parties are unable to agree and the railroad company needs to use or occupy the road, street, alley, or other public way or ground, the railroad company may acquire the property by condemnation in accordance with Title 12 of the Real Property Article.
(c)
(1)
A railroad company that lays track on any public street, road, alley, or other public way or ground is responsible for any damage done by the location of the track to private property on or near the public way or ground.
(2)
The owner of the private property shall bring a civil action for damages under this subsection within 2 years after the completion of the track.
(d)
A railroad company may not pass through Baltimore City without the consent of the Mayor and City Council.
Md. Code Ann., Pub. Util. § 5-408 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–408LinkCopy Citation
The power of a railroad company to condemn land and other property under this subtitle includes the power to condemn, for railroad purposes, private crossings or ways and land and other property to provide substitute outlets.
Md. Code Ann., Pub. Util. § 5-409 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–409LinkCopy Citation
Sections 5-405, 5-406, and 5-407 of this subtitle apply to all railroads operated by electricity, cable, or other improved motive power, whether the property proposed to be condemned is located in a county or Baltimore City, where streets and alleys have not been opened and occupied as city streets.
Md. Code Ann., Pub. Util. § 5-410 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–410LinkCopy Citation
(a)
This section applies to:
(1)
a telegraph company that has its principal office in the State;
(2)
a telephone company that has its principal office in the State;
(3)
a corporation formed as a Class 13 corporation under Article 23, § 28 of the Code of 1904; and
(4)
a telephone company that owns lines and provides local exchange or interexchange service in the State with the approval of the Commission.
(b)
A company described in subsection (a) of this section has the same power granted to telegraph and telephone companies by §§ 8-103, 8-104, 8-105, and 8-106(a) of this article and may:
(1)
construct and lay lines underground or above ground on any route for which it is authorized to construct lines as a whole or in part; and
(2)
except as provided in subsection (d) of this section, acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right that the company considers necessary for its purposes.
(c)
(1)
Before using either the surface of or the ground beneath the streets or highways of Baltimore City, the company shall obtain the consent of the Mayor and City Council.
(2)
This subsection does not apply to corporations that were in practical operation on June 1, 1910, and that had laid or constructed lines, pipes, mains, or other structures in Baltimore City, unless the corporations use new and additional streets and highways in Baltimore City for their lines, pipes, mains, or other structures.
(d)
This section does not authorize a telephone company described in subsection (a)(4) of this section that, as of September 30, 1993, did not have the power of condemnation granted to a telegraph company under §§ 8-103, 8-104, 8-105, and 8-106(a) of this article, to acquire property for communications towers or buildings.
Md. Code Ann., Pub. Util. § 5-411 (2026)
Title 5. Powers, Duties, and Prohibitions
Subtitle 4. Franchises and Condemnation
§ 5–411LinkCopy Citation
A water company may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any land or water rights that the company is authorized to acquire to lay pipes or construct its work, if:
(1)
the company cannot agree with the owner of the land or water rights; or
(2)
an owner:
(i)
is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or
(ii)
when the company needs the land or water rights, is absent from the county or city in which the property is located.