reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.3 - Distribution of Written Information and Materials

(a)    This section does not apply to the distribution of information or materials at any time before the lot owners, other than the developer, have a majority of votes in the homeowners association, as provided in the declaration.
(b)    In this section, the door-to-door distribution of any of the following information or materials may not be considered a distribution for purposes of determining the manner in which a governing body distributes information under this section:
(1)    Any information or materials reflecting the assessments imposed on lot owners in accordance with a recorded covenant, the declaration, bylaw, or rule of the homeowners association; and
(2)    Any meeting notices of the governing body.
(c)    Except for reasonable restrictions to the time of distribution, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a homeowners association may not restrict a lot owner from distributing written information or materials regarding the operation of or matters relating to the operation of the homeowners association in any manner or place that the governing body distributes written information or materials.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.4 - Meetings

(a)    This section does not apply to any meetings of lot owners occurring at any time before the lot owners, other than the developer, have a majority of the votes in the homeowners association, as provided in the declaration.
(b)    Subject to reasonable rules adopted by the governing body, lot owners may meet for the purpose of considering and discussing the operation of and matters relating to the operation of the homeowners association in any common areas or in any building or facility in the common areas that the governing body of the homeowners association uses for scheduled meetings.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.5 - Court Appointment of Receiver

(a)    If a homeowners association fails to fill vacancies on the governing body sufficient to constitute a quorum in accordance with the bylaws, three or more owners of lots may petition the circuit court for the county where the condominium is located to appoint a receiver to manage the affairs of the homeowners association.
(b)    (1)    At least 30 days before petitioning the circuit court, the lot owners acting under the authority granted by subsection (a) of this section shall mail to the governing body a notice describing the petition and the proposed action.
(2)    The lot owners shall mail a copy of the notice to the owner of each lot in the development.
(c)    If the governing body fails to fill vacancies sufficient to constitute a quorum within the notice period, the lot owners may proceed with the petition.
(d)    A receiver appointed by a court under this section may not reside in or own a lot in the development governed by the homeowners association.
(e)    (1)    A receiver appointed under this section shall have all powers and duties of a duly constituted governing body.
(2)    The receiver shall serve until the homeowners association fills vacancies on the governing body sufficient to constitute a quorum.
(f)    The salary of the receiver, court costs, and reasonable attorney’s fees are expenses of the homeowners association.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.6 - Fidelity Insurance

(a)    In this section, “fidelity insurance” includes a fidelity bond.
(b)    This section does not apply to a homeowners association:
(1)    That has four or fewer lot owners; and
(2)    For which 3 months’ worth of gross annual homeowners association fees is less than $2,500.
(c)    (1)    The board of directors or other governing body of a homeowners association shall purchase fidelity insurance not later than the time of the first conveyance of a lot to a person other than the declarant and shall keep fidelity insurance in place for each year thereafter.
(2)    The fidelity insurance required under paragraph (1) of this subsection shall provide for the indemnification of the homeowners association against loss resulting from acts or omissions arising from fraud, dishonesty, or criminal acts by:
(i)    Any officer, director, managing agent, or other agent or employee charged with the operation or maintenance of the homeowners association who controls or disburses funds; and
(ii)    Any management company employing a management agent or other employee charged with the operation or maintenance of the homeowners association who controls or disburses funds.
(d)    A copy of the fidelity insurance policy or fidelity bond shall be included in the books and records kept and made available by or on behalf of the homeowners association under § 11B–112 of this title.
(e)    (1)    The amount of the fidelity insurance required under subsection (c) of this section shall equal at least the lesser of:
(i)    3 months’ worth of gross annual homeowners association fees and the total amount held in all investment accounts at the time the fidelity insurance is issued; or
(ii)    $3,000,000.
(2)    The total liability of the insurance to all insured persons under the fidelity insurance may not exceed the sum of the fidelity insurance.
(f)    If a lot owner believes that the board of directors or other governing body of a homeowners association has failed to comply with the requirements of this section, the aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 11B–115 of this title.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.7 - Number of Declarant Votes

(a)    Notwithstanding any other provision of law or any provision in the declaration, bylaws, rules, deeds, agreements, or recorded covenants or restrictions of a homeowners association, beginning on the date on which all lots that may be part of the development have been subdivided and recorded in the land records of the county in which the homeowners association is located, the declarant, when voting on a homeowners association matter, shall be entitled to one vote per lot that:
(1)    Has been subdivided and recorded in the land records of the county in which the homeowners association is located; and
(2)    Has not been sold to members of the public.
(b)    Before the date on which all lots that may be part of the development have been subdivided and recorded in the land records of the county in which the homeowners association is located, the declarant, when voting on a homeowners association matter, shall be entitled to the number of votes set forth in the governing documents of the homeowners association.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.9 - Homeowners Association Not to Prohibit or Unreasonably Restrict Lot Owner From Composting or Contracting With Private Entity

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Composting” means the controlled aerobic biological decomposition of organic waste material.
(3)    “Composting facility” has the meaning stated in § 9–1701 of the Environment Article.
(4)    “Local jurisdiction” means the county or municipality where the homeowners association is located.
(b)    A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may not prohibit or unreasonably restrict a lot owner from:
(1)    Composting organic waste materials for the lot owner’s personal or household use, provided that the lot owner:
(i)    Owns or has the right to exclusive use of the area where the composting is conducted; and
(ii)    Observes all laws, ordinances, and regulations of the State and local jurisdiction that pertain to composting; or
(2)    Contracting with a private entity to collect organic waste materials from the lot owner for composting at a composting facility.
(c)    A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association that unreasonably impedes the ability of a private entity to access the common elements for the purpose of collecting organic waste materials from a lot owner shall be interpreted as a restriction on the lot owner’s right to contract for private composting services under subsection (b)(2) of this section.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-112.1 - Late Charges

The declaration or bylaws of a homeowners association may provide for a late charge of $15 or one-tenth of the total amount of any delinquent assessment or installment, whichever is greater, provided the charge may not be imposed more than once for the same delinquent payment and may be imposed only if the delinquency has continued for at least 15 calendar days.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113 - Homeowners Association Depository

(a)    There is a homeowners association depository in the office of the clerk of the court in each county and the City of Baltimore.
(b)    Consistent with the duties of a clerk of a court as enumerated in § 2-201 of the Courts and Judicial Proceedings Article, the clerk of the court shall establish and thereafter maintain a depository for the purpose of making available to the public upon request the information to be deposited by homeowners associations.
(c)    The depository shall:
(1)    Be established and maintained in each county and the City of Baltimore as a document file separate from the land records of the county or City;
(2)    Contain a record of the names of all homeowners associations for each county and the City of Baltimore;
(3)    Contain all disclosures deposited by a homeowners association; and
(4)    Be available to the public for viewing and for obtaining copies during the regular business hours of the office of the clerk.
(d)    (1)    The clerk of the court is authorized to regulate the form and manner of documents deposited into the depository and to collect fees for a deposit.
(2)    The clerk of the court shall permit the deposit of copies of disclosures, however reproduced.
(3)    The clerk of the court may adopt regulations as necessary or desirable to implement the depository.
(4)    The State Court Administrator shall establish, so as to cover the reasonable and ordinary expenses of maintaining the depository, the amount of the fees that the clerk of the court may charge for deposits in the depository.
(5)    (i)    The clerk of the court shall maintain a depository index; and
(ii)    All disclosures shall be filed under the name of the homeowners association.
(e)    Material contained in the depository may not be viewed as recordation under Title 3 of this article.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113.1 - Electronic Transmission of Notice

(a)    Notwithstanding language contained in the governing documents of a homeowners association, the homeowners association may provide notice of a meeting or deliver information to a lot owner by electronic transmission if:
(1)    The board of directors or other governing body of the homeowners association gives the homeowners association the authority to provide notice of a meeting or deliver information by electronic transmission;
(2)    The lot owner gives the homeowners association prior written authorization to provide notice of a meeting or deliver information by electronic transmission; and
(3)    An officer or agent of the homeowners association certifies in writing that the homeowners association has provided notice of a meeting or delivered material or information as authorized by the lot owner.
(b)    Notice or delivery by electronic transmission shall be considered ineffective if:
(1)    The homeowners association is unable to deliver two consecutive notices; and
(2)    The inability to deliver the electronic transmission becomes known to the person responsible for sending the electronic transmission.
(c)    The inadvertent failure to deliver notice by electronic transmission does not invalidate any meeting or other action.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113.2 - Electronic Transmission of Votes or Proxies

(a)    Notwithstanding language contained in the governing documents of the homeowners association, the board of directors or other governing body of the homeowners association may authorize lot owners to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the lot owner or the lot owner’s proxy.
(b)    If the governing documents of the homeowners association require voting by secret ballot and the anonymity of voting by electronic transmission cannot be guaranteed, voting by electronic transmission shall be permitted if lot owners have the option of casting anonymous printed ballots.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113.3 - Deletion of Ownership Restrictions Based on Race, Religion, or National Origin

(a)    This section applies to any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin, including a covenant or restriction that is part of a uniform general scheme or plan of development.
(b)    (1)    The governing body of a homeowners association shall delete any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the common area deeds or other declarations of property in the development.
(2)    Notwithstanding the provisions of a governing document, the governing body of a homeowners association may delete a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the common area deeds or other declarations of property in the development without approval of the lot owners.
(3)    The governing body of the homeowners association shall record with the clerk of the court in the jurisdiction where the development is located an amendment to the common area deeds or other declarations that include the recorded covenant or restriction that provides for the deletion of the recorded covenant or restriction from the common area deeds or declarations of the property in the development.
(c)    Beginning on October 1, 2019, within 180 days after receiving a written request from a lot owner, the governing body of a homeowners association shall delete a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the common area deeds or other declarations of property in the development, in accordance with this section.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113.4 - Annual Charge

(a)    It is the intent of the General Assembly to prevent unfair treatment of property owners by a homeowners association when annual charges based on the assessed value of property imposed by the homeowners association increase at such a rate that it creates an unexpected windfall for the homeowners association.
(b)    In this section, the term “annual charge” means a charge based on the current assessed value of property for county and State property taxes that is levied by a homeowners association on property in a development.
(c)    This section only applies to a development that:
(1)    Contains at least 13,000 acres of land and has a population of at least 80,000; and
(2)    Is governed by a homeowners association that levies an annual charge on property within the development.
(d)    (1)    A homeowners association shall base the annual charge for the revalued properties on the phased in value of property as provided under § 8-103 of the Tax - Property Article.
(2)    If the value of an improved property has been reduced by the State or county assessments office after, or by reason of, a protest, appeal, credit, or other adjustment, the homeowners association shall reduce the annual charge on the property based on the reduced value.
(e)    Until the annual charge for the revalued property is based on the phased in value of property as required under subsection (d) of this section, if the value of the properties revalued as of the most recent date of finality as provided in § 8-104 of the Tax - Property Article exceeds the prior valuation by more than 10%:
(1)    The increase shall be considered an unexpected windfall to the homeowners association that should be offset; and
(2)    Beginning with the first year following the revaluation of the property for State property tax purposes, the homeowners association shall provide to the owner of the revalued property a rebate or credit in an amount equal to the portion of the annual charge that is attributable to the growth in the value of the revalued property in excess of 10%.
(f)    Subsections (d) and (e) of this section do not apply if a governing body certifies on or before April 1 in the first year following the revaluation of property values for State property tax purposes that the revenues from the annual charges are insufficient to meet the debt service requirements during the next taxable year on all bonds that the governing body anticipates will be outstanding during that year.
(g)    Notwithstanding any provision of the law to the contrary, when calculating an annual charge, a homeowners association may not consider the rate of assessed value of property to have increased by more than 10% in a taxable year.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113.5 - Annexation of Land in Howard County

(a)    This section establishes the process for the annexation of parcels of land that are subject to the deed, agreement, and declaration establishing any of the villages or town center in Columbia in Howard County.
(b)    Notwithstanding any provision of law or contract, a parcel of land located in that area of land in Howard County that is subject to the deed, agreement, and declaration of covenants, easements, charges, and liens dated December 13, 1966, and recorded in the land records of Howard County in Liber W.H.H. 463, Folio 158, et seq. (the Columbia Association Declaration) that is not part of the village or town center in which the land is located may be annexed into the village or town center if:
(1)    The owner or developer of the land makes an application for annexation to the village or town center community association; and
(2)    The Columbia Association or its successor and the village or town center community association approve the annexation.
(c)    An instrument that consolidates a parcel of land into the village or town center in which the land is located shall be executed and filed for recordation in the land records of Howard County.
(d)    (1)    A parcel of land that is annexed into a village or town center in accordance with this section shall be subject to the recorded covenants and restrictions of the village or town center in which the parcel of land is located.
(2)    An annexation completed in accordance with this section may not abrogate or in any other way affect any approval previously granted or condition previously imposed under a recorded covenant or contract regarding improvements constructed on the annexed property.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-113.6 - Attendance at Virtual Meetings -- Attendees Deemed Present -- Voting and Ballots -- Technical Linking Difficulties Not Invalidating

(a)    (1)    Notwithstanding language contained in the governing documents of the homeowners association, the governing body may authorize meetings of the homeowners association, the governing body, or a committee of the homeowners association to be conducted or attended by telephone conference, video conference, or similar electronic means.
(2)    If a meeting is conducted by telephone conference, video conference, or similar electronic means, the equipment or system used must permit any lot owner, board member, or committee member in attendance to hear and be heard by all others participating in the meeting.
(3)    A link or instructions on how to access the meeting by telephone conference, video conference, or similar electronic means shall be included in the notice of the meeting.
(4)    No specific authorization from lot owners shall be required to hold a meeting electronically.
(b)    Any lot owner, board member, or committee member attending a meeting by telephone conference, video conference, or similar electronic means shall be deemed present for quorum and voting purposes.
(c)    (1)    (i)    Any matter requiring a vote of the homeowners association may be set by the governing body for a vote at the meeting, and a ballot may be delivered to members with notice of the meeting.
(ii)    Only those lot owners present during the telephone conference, video conference, or similar electronic meeting shall be authorized to vote a ballot in accordance with this subsection.
(iii)    Lot owners who are not present at the meeting may:
1.    Vote by proxy in accordance with the requirements of the governing documents and this title; and
2.    Be considered present for quorum purposes through their proxy.
(2)    (i)    The governing body may set a reasonable deadline for return of a ballot to the homeowners association, including return by electronic transmission.
(ii)    The deadline for return of the ballot shall be not later than 24 hours after the conclusion of the meeting.
(d)    Notwithstanding language contained in the governing documents of the homeowners association, nominations from the floor at the meeting are not required if at least one candidate has been nominated to fill each open position in the governing body.
(e)    The inability of a lot owner to join a meeting due to technical difficulties with the lot owner’s telephone, computer, or other electronic device does not invalidate the meeting or any action taken at the meeting.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-114 - Electronic Payment Fees

(a)    In this section, “electronic payment” means payment by credit card or debit card.
(b)    A homeowners association may require a person from whom payment is due to pay a reasonable electronic payment fee if the person elects to pay the homeowners association by means of electronic payment.
(c)    An electronic payment fee may not exceed the amount of any fee that may be charged to the homeowners association in connection with use of the credit card or debit card.
(d)    If a homeowners association elects to charge an electronic payment fee under this section, the homeowners association shall specify on or include notice with each bill and other invoices for which electronic payment is authorized that an electronic payment fee will be charged.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-115 - Enforcement Authority of Division of Consumer Protection

(a)    (1)    In this section, “consumer” means an actual or prospective purchaser, lessee, assignee, or recipient of a lot in a development.
(2)    “Consumer” includes a co–obligor or surety for a consumer.
(b)    This section is intended to provide minimum standards for protection of consumers in the State.
(c)    (1)    To the extent that a violation of any provision of this title affects a consumer, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.
(2)    The provisions of this title shall otherwise be enforced by each unit of State government within the scope of the authority of the unit.
(d)    (1)    A county or municipal corporation may adopt a law, ordinance, or regulation for the protection of a consumer to the extent and in the manner provided for under § 13–103 of the Commercial Law Article.
(2)    Within 30 days of the effective date of a law, ordinance, or regulation adopted under this subsection that is expressly applicable to a development, the county or municipal corporation shall forward a copy of the law, ordinance, or regulation to the homeowners association depository in the office of the clerk of the court in the county where the development is located.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-115.1 - Enforcement by Division of Consumer Protection

A lot owner who believes that the board of directors or other governing body of a homeowners association has failed to comply with the election procedures provisions of the governing documents of the homeowners association may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General if the provisions concern:
(1)    Notice about the date, time, and place for the election of the board of directors or other governing body;
(2)    The manner in which a call is made for nominations for the board of directors or other governing body;
(3)    The format of the election ballot;
(4)    The format, provision, and use of proxies during the election process; or
(5)    The manner in which a quorum is determined for election purposes.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-116 - Amendment of Governing Document

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Governing document” includes:
(i)    A declaration;
(ii)    Bylaws;
(iii)    A deed and agreement; and
(iv)    Recorded covenants and restrictions.
(3)    “In good standing” means not being more than 90 days in arrears in the payment of any assessment or charge due to the homeowners association.
(b)    This section does not apply to a homeowners association that issues bonds or other long–term debt secured in whole or in part by annual charges assessed in accordance with a declaration, or to a village community association affiliated with the homeowners association.
(c)    Notwithstanding the provisions of a governing document, a homeowners association may amend the governing document by the affirmative vote of lot owners in good standing having at least 60% of the votes in the development, or by a lower percentage if required in the governing document.
(d)    (1)    (i)    Except as provided in paragraph (2) of this subsection, if a governing document contains a provision requiring any action on the part of the holder of a mortgage or deed of trust on a lot in order to amend the governing document, that provision shall be deemed satisfied if the procedures under this paragraph are satisfied.
(ii)    If the governing document contains a provision described in subparagraph (i) of this paragraph, the homeowners association shall cause to be delivered to each holder of a mortgage or deed of trust entitled to notice a copy of the proposed amendment to the governing document.
(iii)    If a holder of the mortgage or deed of trust that receives the proposed amendment fails to object, in writing, to the proposed amendment within 60 days after the date of actual receipt of the proposed amendment, the holder shall be deemed to have consented to the adoption of the amendment.
(2)    Paragraph (1) of this subsection does not apply to amendments that:
(i)    Alter the priority of the lien of the mortgage or deed of trust;
(ii)    Materially impair or affect the lot as collateral; or
(iii)    Materially impair or affect the right of the holder of the mortgage or deed of trust to exercise any rights under the mortgage, deed of trust, or applicable law.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 1 - General Rules › Section 12-101 - Application of Title

(a)    All proceedings for the acquisition of private property for public use by condemnation are governed by the provisions of this title and of Title 12, Chapter 200 of the Maryland Rules.
(b)    Nothing in this title prevents this State or any of its instrumentalities or political subdivisions, acting under statute or ordinance passed pursuant to Article III of the Maryland Constitution, from taking private property for public use immediately on making the required payment and giving any required security.
(c)    This title does not prevent the State Roads Commission from using the procedures set forth in Title 8, Subtitle 3 of the Transportation Article, or prevent Baltimore City from using the procedure set forth in the Charter of Baltimore City and §§ 21–12 through 21–22, inclusive, of the Public Local Laws of Baltimore City.
(d)    Notwithstanding any other law, from June 1, 2014, to May 30, 2016, both inclusive, the State or any of its instrumentalities or political subdivisions may not acquire a mortgage or deed of trust by condemnation.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 1 - General Rules › Section 12-102 - When Property Deemed to Be Taken

In this title, property is deemed to be taken:
(1)    If the plaintiff lawfully is authorized to take the property before trial pursuant to Article III of the Maryland Constitution, or any amendment to it, and the required payment has been made to the defendant or into court, any required security has been given, and the plaintiff has taken possession of the property and actually and lawfully appropriated it to the public purposes of the plaintiff.
(2)    In every other case, if the plaintiff pays the judgment and costs pursuant to Title 12, Chapter 200 of the Maryland Rules.
2023 Maryland Statutes › Real Property › Title 12 - Eminent Domain › Subtitle 1 - General Rules › Section 12-103 - Time Value Determined

Unless an applicable statute specifies a different time as of which the value is to be determined, the value of the property sought to be condemned and of any adjacent property of the defendant claimed to be affected by the taking shall be determined as of the date of the taking, if taking has occurred, or as of the date of trial, if taking has not occurred.
2023 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.
2023 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.
2023 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 Maryland Constitution, 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.