reglab/housing_qa huggingface dataset:
MD. Real Property Code Ann. §  12-105 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-105 - Fair Market Value; Assessed Value

    (a)    In this section, the phrase “the effective date of legislative authority for the acquisition of the property” means, with respect to a condemnor vested with continuing power of condemnation, the date of specific administrative determination to acquire the property.    (b)    The fair market value of property in a condemnation proceeding is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay, excluding any increment in value proximately caused by the public project for which the property condemned is needed. In addition, fair market value includes any amount by which the price reflects a diminution in value occurring between the effective date of legislative authority for the acquisition of the property and the date of actual taking if the trier of facts finds that the diminution in value was proximately caused by the public project for which the property condemned is needed, or by announcements or acts of the plaintiff or its officials concerning the public project, and was beyond the reasonable control of the property owner.    (c)    The defendant property owner may elect to present as evidence in a condemnation proceeding, the assessed value of the property, as determined by the Department of Assessments and Taxation, if the assessed value is greater than the appraised value placed on the property by the condemning authority.    (d)    If property is ever acquired by the exercise of the power of eminent domain, the fair market value of the property is not affected by the property having been qualified for a tax credit under § 9-208 of the Tax - Property Article. However, if the grantee of an easement purchased the easement for monetary consideration other than, or in addition to, the tax credit under § 9-208 of the Tax - Property Article, then the condemnation award shall be reduced by an amount equal to the additional consideration.
MD. Real Property Code Ann. §  12-105.1 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-105.1 - Condemnation Action to Acquire Private Property

    (a)    Notwithstanding any other provision of law, the State or any of its instrumentalities or political subdivisions shall file an action to acquire private property for public use by condemnation within 4 years of the date of the specific administrative or legislative authorization to acquire the property.    (b)    If an action for condemnation is not filed within 4 years of the date described in subsection (a) of this section, the State or any of its instrumentalities or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property.
MD. Real Property Code Ann. §  12-106 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-106 - Costs; Interest on Award; Removal of Property From Tax Rolls

    (a)    The plaintiff shall pay all the costs in the trial court.    (b)    The costs in a condemnation proceeding include:        (1)    The usual per diem to the jurors;        (2)    The cost of transporting the trier of fact to view the property;        (3)    The cost of meals for the jury if the court so orders;        (4)    The cost of recording the inquisition among the land records and of all documentary stamps which may be required in the transfer of the property to the plaintiff; and        (5)    An allowance to the defendant, as fixed by the court, for the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding, if the judgment is for the defendant on the right to condemn.    (c)    In proceeding under Article III of the Constitution of the State, or any amendment to it, the plaintiff shall pay interest at the rate of 6 percent per annum on any difference between the amount of money initially paid into court for the use of the defendant and the jury award as stated in the inquisition, from the date the money was paid into court to the date of the inquisition or final judgment, whichever date is later.    (d)    On taking possession, acquiring the right to take possession, or the actual transfer of title to the plaintiff, whichever occurs first, the plaintiff immediately shall file with the supervisor of assessments for the county involved a written notification or record setting forth in sufficient detail the area of the land and a description of any improvement being acquired. If the plaintiff is an agency or instrumentality of the State, the supervisor of assessments, on filing of the notification or record, immediately shall remove the property from the tax rolls.
MD. Real Property Code Ann. §  12-107 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-107 - Appeals

    (a)    Any party to a condemnation case may appeal from a final judgment or determination in the manner prescribed by the Maryland Rules.    (b)    If the final decision on appeal is that the plaintiff is not entitled to condemn the property, a reasonable counsel fee fixed by the trial court shall be awarded to counsel for the defendant and charged against the plaintiff together with the other costs of the case.    (c)    Costs on appeal shall be paid as directed by the appellate court.    (d)    (1)    If the plaintiff desires possession pending appeal, it may make payment of the award pursuant to Title 12, Chapter 200 of the Maryland Rules. In addition, the plaintiff shall file with the clerk of the court a bond to the State for the penalty the court prescribes.        (2)    The bond shall be conditioned that if the judgment is reversed, the plaintiff shall pay to the defendant appealing, all damages the plaintiff caused the defendant by taking possession and using the property before the final determination of the appeal. The bond shall be executed by the plaintiff together with another surety approved by the court.        (3)    On the payment and filing of the bond, the plaintiff immediately may take possession of the property of the defendant appealing.        (4)    Except as provided in paragraph (5) of this subsection, if, on appeal, the judgment is affirmed, the bond is discharged. If, on appeal, the judgment is reversed on the right of the plaintiff to condemn, the plaintiff immediately shall surrender possession of the property of the defendant and the surety shall be liable to the defendant for all damages which have been occasioned to the defendant by the plaintiff in taking possession and using the property before final determination of the appeal.        (5)    If the plaintiff is the State or any of its subdivisions or instrumentalities, a bond is not required.
MD. Real Property Code Ann. §  12-108 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-108 - Payment of Judgment and Costs; Title Acquired

    (a)    On payment of the judgment and costs by the plaintiff pursuant to the provisions of Title 12, Chapter 200 of the Maryland Rules, the plaintiff immediately shall become vested with the title, estate, or interest of the defendant in the condemned property.    (b)    The title acquired in a condemnation proceeding shall be an absolute or fee-simple title including the right, title, and interest of each of the defendants in the proceeding whose property has been condemned unless a different title is specified in the inquisition.
MD. Real Property Code Ann. §  12-109 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-109 - Abandonment of Condemnation Proceeding

    (a)    The exclusive method of abandoning a proceeding for condemnation shall be by the plaintiff’s filing, in the proceeding, a written election to abandon. A copy of the election shall be served as provided in the Maryland Rules, on each defendant who has been personally subjected to the jurisdiction of the court. Every other defendant shall be notified of the election by service of a copy or by any other means the court directs.    (b)    The filing of the election has the effect of:        (1)    Reducing any money judgment entered in the proceeding to a judgment for costs only, and the clerk immediately shall make the entry on his docket and judgment record to reflect this; and        (2)    Annulling any inquisition returned in the proceeding, and any judgment entered in it, to the extent that the inquisition or judgment affects the title of any defendant to the property which was sought to be condemned.    (c)    On filing the election to abandon, the clerk of any court where the inquisition has been recorded among the land records immediately shall make a notation on the recorded copy of the inquisition that the proceeding has been abandoned.    (d)    No condemnation proceeding may be abandoned:        (1)    After taking has occurred;        (2)    More than 120 days after the entry of final judgment, unless an appeal is taken; or        (3)    If an appeal is taken from a final judgment, more than 120 days after the receipt by the clerk of the lower court of a mandate of the Court of Appeals or the Court of Special Appeals evidencing the dismissal of the appeal, the affirmance of the judgment, the entry of judgment pursuant to the Maryland Rules, or the modification of the judgment without the award of a new trial. For the purposes of this section, an appeal stricken out pursuant to the Maryland Rules, or voluntarily abandoned, is deemed not to have been taken. However, if the appeal so stricken out or voluntarily abandoned was taken by the defendant, the plaintiff may abandon the proceeding within 120 days after the appeal is abandoned or stricken out, provided taking has not occurred.    (e)    On abandonment of a condemnation proceeding, the defendant is entitled to recover from the plaintiff the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding. If the parties agree on the proper amount to be recovered by the defendant on account of these fees, they shall file with the clerk of the court a writing evidencing their agreement. If the parties cannot agree on the proper amount to be recovered by the defendant on account of the fees, the court, on motion of either party, shall determine the proper amount. The clerk shall enter the amount agreed on or determined by the court as a part of the costs.
MD. Real Property Code Ann. §  12-110 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 1 - General Rules|Section 12-110 - Payment and Adjustment of Taxes

    (a)    If the condemnee or his predecessor in title has paid taxes, the condemnee is entitled to receive from the condemnor, in addition to the damages awarded for the premises taken, an amount of money which bears the same ratio to the entire amount of taxes on the premises taken as the part of the taxable year remaining on the date of taking bears to the entire taxable year.    (b)    (1)    If taxes have not been paid and all the property covered by an assessment is condemned, the condemnor may deduct from the damages awarded to the condemnee an amount of money which bears the same ratio to the entire amount of the taxes on the condemned property as the part of the taxable year which has expired on the date of taking bears to the entire taxable year.        (2)    If the taxes have not been paid and a part of the property covered by an assessment is taken, the condemnor may deduct from the damages awarded to the condemnee an amount of money equal to the taxes due and payable on the portion of the property covered by the assessment which is not taken plus an amount of money which bears the same ratio to the amount of the taxes on the property taken as the part of the taxable year which has expired on the date of taking bears to the entire taxable year.    (c)    The amount of the adjustment for taxes under this section shall be as the condemnor and condemnee agree, or if they are unable to agree, the amount shall be determined on petition of either party by a judge of the court in which the condemnation proceeding was filed, or, if no proceeding has been filed, by a judge of a court of law in a county where any part of the land is located.    (d)    After taxes have been adjusted as provided in subsection (b) of this section, the condemnor shall pay the entire tax bill on the property taken as well as any property remaining to the condemnee, less any allowable readjustments or abatements, within 30 days from the date the adjustment is made. If the condemnor does not pay the taxes within this time, the condemnee may pay them and recover the amount so paid from the condemnor, together with interest from the date of payment, as a common debt.    (e)    In addition to any other meaning of the word in this section, “taxes” also includes all annual benefit charges assessed by the Washington Suburban Sanitary Commission or other special taxing district which are collected as taxes. They shall be apportioned over the entire period of the assessment and paid as set forth above for other taxes.
MD. Real Property Code Ann. §  12-202 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 2 - Relocation and Assistance|Section 12-202 - Additional Compensation to Owner-Occupant

    (a)    (1)    In addition to payment otherwise authorized, a displacing agency  shall make an additional payment not in excess of $45,000 to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced  person for not less than 180 days prior to the initiation of negotiations for the acquisition of the real property.        (2)    (i)    The displacing agency may exceed the monetary limit stated  in paragraph (1) of this subsection on a case–by–case basis if it determines that  comparable housing cannot otherwise be made available within the limit; or            (ii)    The displacing agency may use any other measures  necessary to remedy the unavailability of comparable housing.    (b)    The additional payments shall include the following elements:        (1)    Any amount which when added to the acquisition cost of the  dwelling acquired by the displacing agency, equals the reasonable cost of a comparable  replacement dwelling as defined in § 12–201(d) of this subtitle.        (2)    Any amount which will compensate the displaced person for any  increased interest costs and other debt service costs which the person is required to  pay for financing the acquisition of any comparable replacement dwelling. The amount  shall be paid only if the dwelling acquired by the displacing agency was encumbered   by a bona fide mortgage which was a valid lien on the dwelling for not less than 180  days prior to the initiation of negotiations for the acquisition of the dwelling. The  method of calculation shall be determined by the lead agency.        (3)    Reasonable expenses incurred by the displaced person for evidence  of title, recording fees, and other closing costs incident to the purchase of the  replacement dwelling, but not including prepaid expenses.
MD. Real Property Code Ann. §  12-203 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 2 - Relocation and Assistance|Section 12-203 - Additional Compensation to Owner-Occupant -- Limitation on Payment

    Subject to the provisions of § 8-309(h)(2) of the Transportation Article, the additional payment authorized by § 12-202 of this subtitle shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary, not later than the end of the one-year period beginning on:         (1)    The date on which he receives from the displacing agency final payment of all costs of the acquired dwelling; or        (2)    The date on which the displacing agency’s obligation under § 12-206(b)(3) of this subtitle is met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date.
MD. Real Property Code Ann. §  12-204 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 2 - Relocation and Assistance|Section 12-204 - Additional Payments to Tenants and Certain Other Occupants; Other Remedies

    (a)    In addition to amounts otherwise authorized by this title and Title 8 of the Transportation Article, the displacing agency shall make a payment to or for any displaced person displaced from any dwelling and not eligible to receive a payment under § 12–202 of this subtitle, if the dwelling actually and lawfully was occupied by the displaced person for not less than 90 days before the initiation of negotiations for acquisition of the dwelling or in any case in which displacement is not a direct result of acquisition, such other activity as the lead agency shall prescribe.    (b)    (1)    (i)    The payment shall be the amount necessary to enable the person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed $10,500.            (ii)    At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments.            (iii)    Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account such person’s income.        (2)    (i)    If the displacing agency determines that comparable housing cannot otherwise be made available within this limit, the monetary limit stated in paragraph (1) of this subsection may be exceeded on a case–by–case basis.            (ii)    The displacing agency may use any other measures necessary to remedy unavailability of comparable housing as prescribed by the lead agency.    (c)    (1)    Any person eligible for a payment under subsection (a) of this section may elect to apply the payment to a down payment on, and other incidental expenses applicable to, the purchase of a decent, safe, and sanitary replacement dwelling.        (2)    At the discretion of the displacing agency, that person may be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately before the initiation of negotiations for the acquisition of the dwelling, the payment may not exceed the payment the person would otherwise have received under § 12–202 of this subtitle had the person owned and occupied the displacement dwelling 180 days immediately before the initiation of the negotiations.
MD. Real Property Code Ann. §  12-205 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 2 - Relocation and Assistance|Section 12-205 - Moving and Relocation Expenses

    (a)    Whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall make a payment to the displaced person, on proper application as approved by the displacing agency for:        (1)    Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;        (2)    Actual direct loss of tangible personal property as a result of moving or discontinuing a business or farm operation, but not exceeding an amount equal to the reasonable expenses that would have been required to relocate the personal property, as determined by the agency;        (3)    Actual reasonable expenses in searching for a replacement business or farm; and        (4)    Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site as determined by the displacing agency, but not to exceed $60,000.    (b)    Any displaced person eligible for payments under subsection (a) of this section, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section, may receive a moving expense allowance, determined according to a schedule established by the lead agency.    (c)    (1)    Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person’s place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section.        (2)    Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency, except that such payment may not be less than $1,000 nor more than $60,000 or the amount provided under the federal Uniform Relocation Assistance Act, whichever is greater.        (3)    A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.
MD. Real Property Code Ann. §  12-205.1 (2021)
2021 Maryland Statutes|Real Property|Title 12 - Eminent Domain|Subtitle 2 - Relocation and Assistance|Section 12-205.1 - Negotiation for Relocation Plan

    In any proceeding for the acquisition of private property for public use by condemnation in which land or any part of it is being used for a business or farm operation, a representative of the displacing agency shall contact the owner of the business or farm operation not less than 30 days before the filing of the action and negotiate in good faith regarding a plan under which the business or farm operation may be relocated.