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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
.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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
.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.
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.
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.
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.
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