EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0189*
SENATE BILL 189
N1 5lr1076
(PRE–FILED) CF 5lr0712
By: Senators Brooks and Hettleman
Requested: October 2, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings and Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Eminent Domain – Agricultural and Conservation Easements – Prohibited 2
Taking 3
FOR the purpose of prohibiting the State or any of its instrumentalities or political 4
subdivisions from taking certain property that is subject to a permanent agricultural 5
or conservation easement; and generally relating to eminent domain. 6
BY repealing and reenacting, with amendments, 7
Article – Real Property 8
Section 12–101 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Real Property 14
12–101. 15
(a) All proceedings for the acquisition of private property for public use by 16
condemnation are governed by the provisions of this title and of Title 12, Chapter 200 of 17
the Maryland Rules. 18
(b) (1) [Nothing] EXCEPT AS PR OVIDED IN PARAGRAPH (2) OF THIS 19
SUBSECTION, NOTHING in this title prevents this State or any of its instrumentalities or 20
political subdivisions, acting under statute or ordinance passed pursuant to Article III of 21
the Maryland Constitution, from taking private property for public use immediately on 22
making the required payment and giving any required security. 23 2 SENATE BILL 189
(2) THE STATE OR ANY OF ITS I NSTRUMENTALITIES OR POLITICAL 1
SUBDIVISIONS MAY NOT TAKE BY EMINENT DOMA IN PRIVATELY OWNED P ROPERTY 2
THAT IS SUBJECT TO A PERPETUAL AGRICULTUR AL OR CONSERVATION E ASEMENT. 3
(c) This title does not prevent the State Roads Commission from using the 4
procedures set forth in Title 8, Subtitle 3 of the Transportation Article, or prevent Baltimore 5
City from using the procedure set forth in the Charter of Baltimore City and §§ 21–12 6
through 21–22, inclusive, of the Public Local Laws of Baltimore City. 7
(d) Notwithstanding any other law, from June 1, 2014, to May 30, 2016, both 8
inclusive, the State or any of its instrumentalities or political subdivisions may not acquire 9
a mortgage or deed of trust by condemnation. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12