EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0860*
HOUSE BILL 860
D3 5lr2481
HB 1126/24 – JUD & ECM
By: Delegate Buckel Delegates Buckel, Cardin, Conaway, Kaufman, Phillips,
Schmidt, Simmons, and Stinnett
Introduced and read first time: January 30, 2025
Assigned to: Judiciary and Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2025
CHAPTER ______
AN ACT concerning 1
Public Nuisance – Common Carriers – Damage to Public Infrastructure 2
FOR the purpose of prohibiting certain common carriers from damaging certain public 3
infrastructure necessitating the closure of the infrastructure; establishing that a 4
violation of this Act is a public nuisance; authorizing the State or a local government 5
to bring a civil action against a common carrier for a violation under this Act; and 6
generally relating to public nuisance actions against common carriers. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 3–2601 and 3–2602 to be under the new subtitle “Subtitle 26. Public 10
Nuisance Caused by Common Carriers” 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
SUBTITLE 26. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 17
3–2601. 18
2 HOUSE BILL 860
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) (1) “COMMON CARRIER” MEANS A PERSON THAT IS ENGAGED IN THE 3
PUBLIC TRANSPORTATIO N OF PERSONS FOR HIR E BY LAND. 4
(2) “COMMON CARRIER ” INCLUDES: 5
(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, AN 6
AUTOMOBILE COMPANY , OR A MOTOR BUS COMPA NY; 7
(II) A RAILROAD COMPANY , STREET RAILROAD COMP ANY, OR 8
SLEEPING CAR COMPANY ; 9
(III) A TAXICAB COMPANY ; 10
(IV) A TRANSIT COMPANY ; AND 11
(V) A TRANSPORTATION NETWO RK COMPANY . 12
(3) “COMMON CARRIER ” DOES NOT INCLUDE ANY ENTITY OWNED BY 13
THE STATE OR A LOCAL GOVE RNMENT. 14
(C) “PUBLIC INFRASTRUCTURE ” MEANS A BRIDGE OR HI GHWAY OWNED , 15
CONTROLLED , OR MAINTAINED BY THE STATE OR A COUNTY OR MUNICIPAL 16
GOVERNMENT . 17
3–2602. 18
(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF THE COMM ON CARRIER 19
MAY NOT CAUSE DAMAGE TO PUBLIC INFRASTRUC TURE THAT NECESSITATES THE 20
CLOSURE OF THE PUBLI C INFRASTRUCTURE . 21
(2) A VIOLATION OF PARAGRA PH (1) OF THIS SUBSECTION I S A 22
PUBLIC NUISANCE . 23
(B) AN ACTION AGAINST A C OMMON CARRIER FOR A PUBLIC NUISANCE 24
CAUSED BY A VIOLATIO N OF THIS SECTION MA Y BE BROUGHT BY THE FOLLOWING: 25
(1) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 26
MAINTAINED BY THE STATE, THE STATE; OR 27
(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 28
MAINTAINED BY A LOCA L GOVERNMENT , COUNSEL DESIGNATED O R RETAINED BY A 29 HOUSE BILL 860 3
LOCAL GOVERNMENT OF THE JURISDICTION WHERE T HE INFRASTRUCTURE IS 1
LOCATED. 2
(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE STATE OR A 3
LOCAL GOVERNMENT MAY SEEK: 4
(I) INJUNCTIVE RELIEF ; 5
(II) DECLARATORY RELIEF ; AND 6
(III) COMPENSATORY DAMAGES FOR THE COST OF THE REPAIR 7
OR REPLACEMENT OF TH E AFFECTED INFRASTRU CTURE. 8
(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER P ARAGRAPH (1) OF 9
THIS SUBSECTION , A COMMON CARRIER THA T VIOLATES SUBSECTIO N (A) OF THIS 10
SECTION IS MAY BE LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL 11
PENALTIES OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONTINUES 12
UNTIL THE PUBLIC INF RASTRUCTURE IS SUFFI CIENTLY REPAIRED FOR PUBLIC USE 13
OR IS REPLACED . 14
(D) THE STATE OR A LOCAL GOVE RNMENT MAY FILE AN A CTION AGAINST A 15
COMMON CARRIER UNDER THIS SECTION AT ANY TIME FOLLO WING THE VIOLATION 16
GIVING RISE TO THE C AUSE OF ACTION AND U NTIL THE PUBLIC INFR ASTRUCTURE 17
IS SUFFICIENTLY REPA IRED FOR PUBLIC USE OR IS REPLACED . 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.