Capitol Heights, MD asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland

Q: How Do You File For Eminent domain In Maryland Is It That I Go To The Court Or A Special Place / Online / Dref My Oun.

Regarding Baltimore City and and St Mary's Country

3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Unless you are a governmental agency you do not have the authority to file an eminent domain action. If you want to challenge an existing eminent domain action against your property you would file your challenge in the same court where the case was started.

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: Eminent domain is a governmental action initiated when the government wants to take over real estate for some public purpose (for instance, to build a highway ) and a private person cannot "file for" it. If a private person feels they have possession or ownership rights to a piece of property, they typically file something called a quiet title action.

This general information is not legal advice. As with any legal action it may help to seek legal advice.

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Real Estate Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: If you are a private citizen, you do not file such an action. Only the government may exercise rights of eminent domain. Imagine a County Council announcing redevelopment of a blighted area, and then a process of acquiring land from existing owners so the County can sell to a commercial developer who will create something that fits the redevelopment plan.

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