Eminent Domain and Condemnation Cases

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Before
Boundary Survey

Industrial & Residentially Zoned - Unimproved Property

Montgomery County, MD

Initial Offer: $3,750,000

Final Award: $8,545,000

Montgomery County condemned 82.12 acres of industrial and residentially zoned undeveloped property located in the NW quadrant of I-270 and Rt. 121 for the purpose of the North County Depot Project.

Aerial View
After

Shopping Center

Prince George's County, MD

Initial Offer: $3,750,000

Final Award: $12,500,000

Taking of 1.18 acres of a 7.83 acre shopping center in the NW quadrant of New Hampshire Avenue and University Boulevard for the construction of a bus transit facility. The loss of parking would substantially damage the value and operation of the shopping center.

Treasurer's Check
During

Landlocked Remnant

Montgomery County, MD

Initial Offer: $73,800

Final Award: $1,568,000

The State left this landlocked remnant of approximately 1.5 acres in the wake of its adjacent takings for the ICC. MM&C proved the property could be developed in conjunction with adjacent property which had also been taken for the same project and had originally been part of a larger parcel with common ownership.

Before
After

.44 Acres Commercial

Frederick County, MD

Initial Offer: $1,080,000

Final Award: $1,250,000

Complete take of approximately .5 acres of commercial property improved with a restaurant for the purpose of the expansion of the runway protection zone for the Frederick airport.

Before
After

Commercial Zoned Property

Upper Marlboro Prince George's County, MD

Initial Offer: $775,000

Final Award: $1,250,000

Complete taking of a gas station property for the purpose of road construction - MD Rt. 4

Before
Development Plan

24.05 Acres Residential

Batchellors Forest Rd. Silver Spring Montgomery County, MD

Initial Offer: $83,629

Final Award: $1,393,600

Partial taking (54,856 sq. ft.) of residential property on the south side of Batchellor's Forest Road for the purpose of highway construction. The taking and project caused substantial severance damages to the property not taken and reduced its value as a potential church site.

Before
After

22.425 Acres of Land

Montgomery County, MD

Initial Offer: $2,125,400

Final Award: $11,490,057

Complete take of over 22 acres of valuable undeveloped property, which had been subdivided for residential development for the purpose of construction of the ICC.

Before
After

86,940 sq. ft. of Improved Residential Property

Anne Arundel County, MD

Initial Offer: $920,050

Final Award: $1,720,050

The State took a portion of this residential property, including its access for cloverleaf construction. In addition to compensation for the taking, alternative access had to be negotiated and provided.

Before
During Construction

1 Acre of Unimproved Residentially Zoned Property

Frederick County, MD

Initial Offer: $116,180

Final Award: $385,000

Partial taking of a strip of residentially zoned property for Stringtown Road extension.

Before
Development Plan

12.7 Acre Residentially Zoned - Rolling Tract of Unimproved Agriculturally Assessed Land

Germantown Montgomery County, MD

Initial Offer: $2,650,000

Final Award: $4,142,500

Complete take of 12.7 acres of residentially zoned property under contract with developer. MM&C proved that compensation should be paid based on land plan preliminarily vetted by MNCPPC before condemnation was filed. Issues involved public development policies concerning MPDU's, forest conservation and TDRs.

Before
During Construction

3.9 Acres of Commercially Zoned Property

Germantown Montgomery County, MD

Initial Offer: $1,072,000

Final Award: $1,741,488

Complete take of approximately 4 acres of commercially zoned property for a fire house.

Before
Properties

Apartment Property

Baltimore County, MD

Initial Offer: $0

Final Award: Condemnation Abandoned

Baltimore County threatened the taking of open space property to extend Security Boulevard which would bi-sect an apartment community. The County contended the property had no value as it could not be developed by the owner. MM&C defeated the take by proving the basis of the County's appraisal was fatally flawed and that there would be substantial severance damages if the taking was to proceed.

Before
During Construction

2.78 Acres Residential

Silver Spring Montgomery County, MD

Initial Offer: $296,300

Final Award: $1,345,000

Partial Taking (20,471 sq. ft.) of residential property for the purpose of Highway Construction, which caused such substantial severance damages to the remainder that MM&C convinced the condemner to take the entire property.

Before
Appellees Brief

Bar

N. Charles Street Baltimore City, MD

Initial Offer: $180,000

Final Award: Defeated take in Court of Appeals

Threatened quick-take of a bar in Baltimore for the purpose of undetermined economic improvement. MM&C defeated the take by proving there was no necessity for the quick-take when the future use of the property was to yet be determined.

After
Parcels

9.85 Acres Vacant Land Zoned R-20/C-O Residential & Commercial

North Bethesda Montgomery County, MD

Initial Offer: $4,819,000

Final Award: $9,669,000

Partial Taking (approx. 246, 260 sq. ft.) of undeveloped residential and commercial property for the purpose of constructing the Montrose Parkway.

Contract
Undeveloped

24.74 Acres Undeveloped Residential Property

Montgomery County, MD

Initial Offer: $2,150,000

Final Award: $3,375,000

Complete take of 24.74 acres of residentially zoned property to provide for parkland replenishment. MM&C proved that just compensation should be calculated based upon the contract the owner had negotiated with a developer to sell the property.

Before
After

1.97 Acres of Improved Residential Property

Damascus Montgomery County, MD

Initial Offer: $63,300

Final Award: $363,000

Partial taking of a strip of residential property for construction of Rt. 124 bypass. The taking caused substantial diminution in the value of the remaining property as it was walled off from the community.

Before
Tax Map

36.15 Acres Residential

Spencerville Montgomery County, MD

Initial Offer: $2,700,000

Final Award: $3,825,000

Complete take of improved residential property for the purpose of the Highway Construction.

Before
After

7.92 Acres Residential

Layhill Montgomery County, MD

Initial Offer: $1,483,750

Final Award: $3,698,000

Partial Taking (6.19 acres) of a 7.92 acre improved residential property. MM&C attorneys proved this single-family zoned property's highest and best use was for townhouse development.

Before
After

.41 Acres Improved Industrial Property

Rockville Montgomery County, MD

Initial Offer: $1,725,000

Final Award: $2,225,000

Complete take by Montgomery County of commercial property improved with a commercial office building for road extension.

Before
After

12.04 Acres of Industrial Zoned Property

Rockville Montgomery County, MD

Initial Offer: $1,600,000

Final Award: $4,390,000

The County took approximately 5 acres of this 12 acre, improved industrial property. The taking significantly impacted the post-taking development potential of the remainder.

Before
Street View

3.27 Acres Improved Residential and Farm Property

Damascus Montgomery County, MD

Initial Offer: $74,650

Final Award: $225,000

Partial Taking of residential property frontage, including access to an historic barn. MM&C proved that the barn had potential for economic use that was destroyed by the taking.

Before
After

9.6003 Acres Unimproved Industrial Zoned Property

Prince George's County, MD

Initial Offer: $1,578,450

Final Award: $2,347,051

Partial Taking of unimproved industrially zoned property for the construction of a maintenance facility for the SHA.

Before
After

8.5 Acres Improved Residential Property

Layhill Montgomery County, MD

Initial Offer: $3,700,000

Final Award: $4,650,000

Complete take of residential and farm property for construction of the Inter-County Connector highway.

Before
After

39,883 Sq. ft. of Improved Single-Family Property

Silver Spring Montgomery County, MD

Initial Offer: $488,500

Final Award: $710,730

Complete take of single-family residential property for construction of improvements to Rt. 29. Highest and best use of the property before the taking was for residential development with townhomes.

Before
After

0.3857 Acres of Land With Improvements

Silver Spring Montgomery County, MD

Initial Offer: $360,000

Final Award: $445,000

Complete take of residential property improved with a single-family dwelling.

Before
After

1 Acre of Land Improved With a 1.5 Story Dwelling, Storage Shed and Parking Garage

Montgomery County, MD

Initial Offer: $740,000

Final Award: $870,450

Complete take of single-family residence in conjunction with construction of the ICC. Significant relocation compensation was required to replicate the nature of the property taken.

Before
After

0.877 of Improved Residential Property

Silver Spring Montgomery County, MD

Initial Offer: $47,300

Final Award: $99,000

Partial Taking of a strip of residential property for road widening. Issues concerned the diminution in value of the remainder due to the closer proximity of the road, increased traffic and noise and costs to cure.

Before
During

3.32 Acres of Residentially Zoned Land Improved with a Clubhouse, In-Ground Pool and

Bethesda Montgomery County, MD

Initial Offer: $334,800

Final Award: $515,000

Partial taking of residential property improved with a community swim club. The taking necessitated substantial costs to cure the impact of the project upon the property.

Before
After

11,900 sq. ft. of Commercial Property

Wheaton Montgomery County, MD

Initial Offer: $1,300,000

Final Award: $1,414,500

Complete take of commercially zoned property improved with a 1 story, 3 bay service station with gasoline island and a parking lot.

Before
After

7 Acres of Residentially Zoned Property

Silver Spring Montgomery County, MD

Initial Offer: $231,950

Final Award: $697,000

Partial taking of 5.65 acres of a 7 acre residentially zoned property. MM&C proved that the highest and best use of the property was for development of a senior living facility pursuant to a special exception, which would avoid traffic limitations on development.

Before
Street View

Old School Building

Takoma Park Montgomery County, MD

Initial Offer: $500,000

Final Award: $2,000,000

MNCPPC condemned the old school building to create a neighborhood park. The building was owned and being used by a church group. MM&C proved that the owner was entitled to just compensation as a church property.

Before
During Construction

Residentially Zoned Property Improved With a Church

Gaithersburg Montgomery County, MD

Initial Offer: $147,850

Final Award: $737,727

The State took a portion of this property improved with a church, which significantly damaged the church's ability to provide parking and expand its services to its congregation and the community.

Before
During Construction

5.03 Acres of Undeveloped Residentially Zoned Property

Silver Spring Montgomery County,, MD

Initial Offer: $704,200

Final Award: $1,056,300

Partial taking by the State of approximately 1.8 acres of a 5.03 acre parcel. The taking left the owner with less than 5 acres and destroyed his ability to use the cluster zoning option and diminished the development potential of the remainder.

DISCLAIMER: THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY MILLER, MILLER & CANBY, AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.