EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0048*
HOUSE BILL 48
C5, N1 5lr1071
HB 120/22 – ENT (PRE–FILED)
By: Delegates Healey, Martinez, and Williams
Requested: October 2, 2024
Introduced and read first time: January 8, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Railroad Companies – Condemnation Authority – Application 2
FOR the purpose of establishing that certain authority of railroad companies to acquire 3
property by condemnation does not apply to an entity that owns or operates a 4
railroad powered by a magnetic levitation propulsion system; and generally relating 5
to the condemnation authority of railroad companies. 6
BY repealing and reenacting, without amendments, 7
Article – Public Utilities 8
Section 5–405 through 5–408 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Public Utilities 13
Section 5–409 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Public Utilities 19
5–405. 20
(a) A railroad company or its authorized agent may agree with the owner to 21
purchase, use, occupy, or divert the owner’s land, earth, gravel, stone, timber, streams, 22
materials, or improvements that the company wants for the proper construction or repair 23
of the railroad company’s roads or works. 24 2 HOUSE BILL 48
(b) The company may acquire the property by condemnation under Title 12 of the 1
Real Property Article if: 2
(1) the company cannot agree with the owner of the property; or 3
(2) an owner: 4
(i) is a minor, is adjudged to be mentally incompetent, or is under 5
any other legal disability to contract; or 6
(ii) is absent from the county in which the property is located when 7
the company wants the property. 8
5–406. 9
(a) (1) A railroad company may change the location or grade of any portion of 10
its road if the company finds the change is necessary for any reasonable cause, including to 11
avoid: 12
(i) inconvenience to public travel; 13
(ii) dangerous or difficult curves or grades; or 14
(iii) unsafe or unsubstantial grounds or foundations. 15
(2) A change of location or grade under this section shall follow the general 16
route of the existing road. 17
(3) A railroad company may enter on and take land and make surveys 18
necessary to make the change in location or grade in accordance with Title 12 of the Real 19
Property Article. 20
(b) (1) A railroad company is liable to the owner of the land on which the road 21
was constructed for any damages caused by a change in location or grade of the road. 22
(2) The amount of damages determined shall be paid to the owner or 23
deposited into court. 24
(3) An owner shall claim damages within: 25
(i) 30 days after actual notice of the intended change has been given 26
to the owner, if the owner resides on the premises; or 27
(ii) 60 days after publication of notice in a newspaper in general 28
circulation in the county, if the owner is a nonresident. 29
HOUSE BILL 48 3
(c) If a railroad company condemns land under this section, the condemnation is 1
binding on the company, unless the company chooses to abandon the location within 30 2
days after making the condemnation. 3
5–407. 4
(a) A railroad company and the municipal corporation, public officer, or public 5
authority that owns or has control of any road, street, alley, or other public way or ground 6
necessary to locate any part of the railroad may agree on the manner, terms, and conditions 7
allowing the railroad company to use or occupy the road, street, alley, or other public way 8
or ground. 9
(b) If the parties are unable to agree and the railroad company needs to use or 10
occupy the road, street, alley, or other public way or ground, the railroad company may 11
acquire the property by condemnation in accordance with Title 12 of the Real Property 12
Article. 13
(c) (1) A railroad company that lays track on any public street, road, alley, or 14
other public way or ground is responsible for any damage done by the location of the track 15
to private property on or near the public way or ground. 16
(2) The owner of the private property shall bring a civil action for damages 17
under this subsection within 2 years after the completion of the track. 18
(d) A railroad company may not pass through Baltimore City without the consent 19
of the Mayor and City Council. 20
5–408. 21
The power of a railroad company to condemn land and other property under this 22
subtitle includes the power to condemn, for railroad purposes, private crossings or ways 23
and land and other property to provide substitute outlets. 24
5–409. 25
(A) [Sections] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 26
§§ 5–405, 5–406, and 5–407 of this subtitle apply to all railroads operated by electricity, 27
cable, or other improved motive power, whether the property proposed to be condemned is 28
located in a county or Baltimore City, where streets and alleys have not been opened and 29
occupied as city streets. 30
(B) SECTIONS 5–405 THROUGH 5–408 OF THIS SUBTITLE D O NOT APPLY TO 31
AN ENTITY THAT OWNS OR OPERATES A RAILRO AD POWERED BY A MAGN ETIC 32
LEVITATION PROPULSIO N SYSTEM. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34 4 HOUSE BILL 48
October 1, 2025. 1