Maryland § 21-205

Full text of Maryland Maryland Code § 21-205, with citation guidance and answers to common questions.

§ 21-205.

    (a)    (1)    The Commission’s right to enter and take possession of land or an interest in land under this subtitle takes effect immediately after the filing of a written declaration of taking in the Circuit Court for Prince George’s County, accompanied by payment of the estimated fair market value of the land or interest in land, as required under § 21–206(a) of this subtitle.

        (2)    A declaration of taking may be:

            (i)    combined with a petition for condemnation, filed simultaneously with or as part of the same pleading; or

            (ii)    filed after a petition for condemnation.

    (b)    A declaration of taking shall:

        (1)    include a statement as to the number of takings in land or interest in land necessary for the extension or construction of the water supply, sanitary sewer, or stormwater management project;

        (2)    include a statement that the Commission has acquired or is acquiring by purchase or procedures other than the declaration of taking method at least one–half of the takings needed for the extension or construction of the project;

        (3)    contain a description of the land or interest in land being taken;

        (4)    name the Commission as plaintiff and the owner of the land or interest in land as defendant;

        (5)    be docketed by the clerk of the circuit court, unless the petition for condemnation is on file or filed simultaneously with the declaration of taking; and

        (6)    identify the qualified appraiser and specify the estimated fair market value of the land or interest in land being taken, as required by § 21–206(a) of this subtitle.

    (c)    Notice of and service on the property owner of a declaration of taking shall be accomplished in the same manner as is required for petitions for condemnation.

    (d)    If the Commission files the declaration of taking accompanied by the payment of the estimated fair market value required under § 21–206(a) of this subtitle, the date of filing shall be the operative date of the taking to determine:

        (1)    the fair market value of the land or interest in land taken; and

        (2)    damages, if any, caused by the taking.

Frequently Asked Questions About Maryland § 21-205

What does Maryland Code § 21-205 cover?

Section 21-205 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 21-205?

A common citation format is "Maryland Code § 21-205" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 21-205 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.