Maryland Historical Trust - Arbitration
If enacted, SB43 would significantly reshape how disputes regarding historic properties are handled in Maryland. By allowing arbitration, the bill aims to expedite the resolution process and reduce the burden on the court system. This provision could foster a more collaborative environment for stakeholders, promoting quicker outcomes while also potentially saving on legal costs associated with court litigation. In recognizing the complexities of historic preservation, the bill strives to maintain the integrity of the preservation process while ensuring that property owners' rights are addressed fairly.
Senate Bill 43 proposes the introduction of arbitration as a resolution method for disputes arising from applications for permits, grants, tax credits, or any changes made to properties under the jurisdiction of the Maryland Historical Trust. This bill amends existing provisions within the Maryland State Finance and Procurement laws, allowing parties to resolve unresolved disputes in a more structured, binding manner through arbitration, thus providing an alternative to traditional court proceedings. The bill seeks to streamline the process for parties involved in disputes over historic properties that may require modifications.
While the bill appears beneficial in promoting efficient dispute resolution, there may be concerns from certain stakeholders regarding the implications of arbitration on transparency and community input in historic preservation matters. Critics might argue that arbitration could lead to less public oversight compared to court proceedings, which traditionally allow for more extensive public engagement. There are also considerations about the potential for unequal bargaining power between property owners and the Maryland Historical Trust, which may result in outcomes that favor the latter, thus raising questions about the balance of interests in preservation versus property rights.