Failure of Maryland Town To Follow Statute Creates Dismissal

 

 

As so often cited in this blog, State statutes requiring pre conditions, such as appraisals or written offers for negotiation will and must be strictly followed. Otherwise, the agency’s attempt to acquire will be dismissed by the Court.

http://articles.courant.com/2013-04-23/community/hc-middletown-eminent-domain-0424-20130423_1_property-owners-eminent-domain-parking   

 A Superior Court judge has blocked the city's attempt to take a portion of a property on Clinton Avenue by eminent domain to use it as part of the Kings Avenue parking project.

In a decision issued April 17, Judge Edward Domnarski said the city failed to share two independent appraisals with the property owners, and therefore did not strictly comply with eminent domain procedures as set by the state legislature in 2007.

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