Overview
Joseph P. Suntum is an eminent domain trial attorney. He focuses his practice on representing owners of real property who are subject to having property condemned and taken by the government by eminent domain.
Joseph (Joe) P. Suntum is principal in the firm and the firm’s Eminent Domain/Condemnation Group Leader. His decades of trial experience and his in-depth knowledge of real property valuation and the law of eminent domain allow him to protect his clients’ property rights and maximize their compensation when their properties are targeted for condemnation. Joe is the Owners’ Counsel of America member attorney for the State of Maryland and former Chair of the Owners Counsel Board of Directors. The Owners’ Counsel of America (OCA) is a national network of experienced condemnation attorneys who represent property owners against federal, state and local governments. Membership in the Owners’ Counsel is selective and restricted to one member attorney per state.
Joe is a rare trial lawyer who has successfully tried both murder cases and multi-million dollar civil actions. He has also successfully argued numerous appeals before the Maryland courts of appeal. Joe joined the firm in 1988, and has been a principal in the firm since 1994. He served as Managing Partner of the firm from 1997 to 2008. Before joining Miller, Miller & Canby, he served as a law clerk to the Honorable Elsbeth Levy Bothe in Circuit Court for Baltimore City, and served as an Assistant Public Defender for Montgomery County for four years, where he first earned his reputation as an outstanding trial advocate.
Quality legal representation requires the trial advocate not only to apply exceptional analytical and trial advocacy skills to the case, but also be able to coordinate the many resources of the client, witnesses and expert consultants into a cohesive and ultimately persuasive team. Joe works closely with his clients to identify and fully understand their goals. He uses all available tools in pursuit of a successful result for his clients as efficiently and economically as the case permits, including use of the latest in courtroom technology to most persuasively present his clients’ cases.
The trial of condemnation actions requires full knowledge of the substantive issues concerning land valuation, as well as the unique procedural rules applicable to such matters. Joe’s knowledge in this area permits him to work effectively with experts such as appraisers, land planners, brokers, developers, and others to maximize the compensation paid to his clients for property taken by governmental agencies.
In addition to eminent domain cases, Joe accepts select commercial litigation matters requiring advanced strategic and trial skills.
Testimonials
Practice Areas
Professional Affiliations
- Litigation Counsel of America, Fellow
- Bar Association of Montgomery County (Secretary, 1995-1996; Executive Committee, 1997-1999; Member, Federal Practice Section)
- Maryland State Bar Association
- American Bar Association (Member, Litigation Section)
- Board of Directors of Montgomery General Hospital, 2003 – 2009
- Board of Directors of the Montgomery County Bar Foundation, 2005 – 2009
Education
- University of Maryland, J.D., 1982
- University of Maryland, B.A., 1979
- University of Montana, 1975-1977
Honors and Awards
- Litigation Counsel of America, Fellow
- Named by Super Lawyers as top 5% of Litigation Attorneys in the state of Maryland
- Member, Character Committee of The Court of Appeals of Maryland (1992-1997)
- Best Lawyers, 2022-2025
- Best Lawyers, “Lawyer of the Year” in Eminent Domain and Condemnation Law, 2023
- Martindale-Hubbell AV Preeminent Peer Rating
Appellate Decisions
- Boland v. Boland, 423 Md. 296 (2011) (Shareholder derivative litigation re: Special Litigation Committees)
- Lasater v. Guttmann, 194 Md. App. 431 (2010) (Conversion, Intentional infliction of Emotional Distress)
- 8621 Ltd. Partnership v. LDG, Inc., 169 Md. App. 214 (2006) (Specific enforcement of joint venture agreement)
- Circuit City Stores, Inc. v. Rockville Pike Joint Venture Ltd. Partnership, 376 Md. 331 (2003) (Commercial landlord-tenant, surrender of lease, breach of contract, reasonable rejection of sublease)
- Golub v. Cohen, 138 Md. App. 508 (2001) (Specific enforcement of settlement agreement)
- Buxton v. Buxton, 363 Md. 634 (2001) (Fiduciary duty of guardians Laches)
- Schochet v. State, 320 Md. 714 (1990) (Constitutional right to privacy)
- State v. Calhoun, 306 Md. 692 (1986) (death penalty post-conviction litigation)
- State v. Tichnell, 306 Md. 428 (1986) (death penalty post-conviction litigation)
Publications
- Owner's Handbook: The Condemnation Process and Just Compensation in the State Courts of Maryland, American Law Institute-American Bar Association, Condemnation 101
- Compensation for Loss of Visibility to and View From the Owner’s Property
- Condemnation of the Whole – Why a Full Taking Involves Unique Considerations
- Preparing Your Condemnation Case - How to Get More than the Condemnor's Offer
- Post-Judgement Matters and Apportionment Proceedings
- Trial Issues in a Condemnation Case
- Effective Voir Dire, Opening and Closing Argument From a Property Owner's and Condemnor's Perspective, American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation
- Essential Exhibits - Demonstrative Evidence in Eminent Domain, American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation, 2010, Reprinted in The Practical Real Estate Lawyer
- Direct Examination of a Valuation Witness, American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation
- Taking Your Condemnation Case to the Next Level - Winning Ideas and Best Practices, American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation
- How to Successfully Settle a Condemnation Case, Lorman Seminar
- Discovery and Procedure Techniques That Work in Condemnation Cases, American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation
- Drafting Pleadings That Make a Difference, American Law Institute-American Bar Association, Eminent Domain and Land Valuation Litigation
- Demonstrative Evidence in Eminent Domain
- Giving the Judge and Jury the Big Picture in a Condemnation Case
Case Studies
-
Eminent Domain
Partial Take – Complete Damages
Issue: Client owned property improved with Wendy’s fast food restaurant. State filed condemnation action to take a portion of the...read more →
-
Business & Commercial Litigation
Breach of Commercial Lease and Appeal
Issue: Client owned the Wintergreen Shopping Center on Rockville Pike, which was anchored by Circuit City. Circuit City’s lease...read more →
-
Eminent Domain
Highest and Best Use – Full Development Potential
Issue: Clients owned a 7.92 acre parcel of property improved with a single-family home in Silver Spring. The property was zoned for...read more →
-
Eminent Domain
Necessity to Take
Issue: Client owned 2-acre shopping center improved with a grocery store situated close to the roadway. The road needed to be widened to...read more →
-
Eminent Domain
Severance Damages
Issue: Client owned a 6.77-acre property improved with 150-unit garden apartment complex. The apartments enjoyed a park setting as they...read more →
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.
Representative Cases
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.
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.
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.
.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.
.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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
3.32 Acres of Residentially Zoned Land Improved with a Clubhouse, In-Ground Pool
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.