Maryland 2022 Regular Session

Maryland House Bill HB163

Introduced
1/12/22  
Refer
1/12/22  
Report Pass
2/14/22  
Engrossed
2/17/22  
Refer
2/18/22  
Report Pass
3/29/22  
Enrolled
4/7/22  
Chaptered
5/16/22  

Caption

Department of Transportation - Notice of Entry Onto Private Property

Impact

The passage of HB 163 adjusts the legal requirements surrounding the entry of state officials onto private land, ensuring that property owners are given adequate notice and the opportunity to refuse entry. It formalizes the requirement for these agencies to reimburse owners for damages incurred during the entry, which could carry significant implications for agricultural landowners. Additionally, by refining the definitions within the Public Information Act, the bill aims to balance transparency with individual privacy rights concerning the distribution of certain types of information related to property entry notifications.

Summary

House Bill 163 focuses on the procedures and requirements related to the entry onto private property by state agencies, specifically the Maryland State Highway Administration and the Maryland Transit Administration. It mandates that these agencies must provide proper notice to property owners before entering their land for various purposes, such as environmental and engineering studies. This bill redefines certain terms within the context of the Public Information Act and enforces limitations on what information can be considered 'sociological' to protect the privacy of recipients of specific notices.

Sentiment

The general sentiment around HB 163 appears to be supportive, as it seeks to provide clear guidelines for state agencies when interacting with private landowners. Advocacy groups for property rights and privacy advocates have expressed positive feedback regarding the enhancements made to the process of notifying landowners. However, there are concerns that while this bill aims to protect property owners, it may also impose additional bureaucratic hurdles for state agencies that need to conduct necessary studies for public projects.

Contention

While HB 163 enhances protections for property owners, some legislators and stakeholders expressed concerns regarding the potential delays it may introduce for urgent public works projects. There was debate over the balance between protecting private property rights and ensuring that public infrastructure assessments can be conducted without excessive restrictions. Some critics argued that the bill could be utilized by property owners to obstruct legitimate state assessments necessary for public safety and welfare.

Companion Bills

MD SB373

Crossfiled Department of Transportation - Notice of Entry Onto Private Property

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