Maryland § 5-406
Full text of Maryland Maryland Code § 5-406, with citation guidance and answers to common questions.
§ 5-406.
(a) (1) A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:
(i) inconvenience to public travel;
(ii) dangerous or difficult curves or grades; or
(iii) unsafe or unsubstantial grounds or foundations.
(2) A change of location or grade under this section shall follow the general route of the existing road.
(3) A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.
(b) (1) A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.
(2) The amount of damages determined shall be paid to the owner or deposited into court.
(3) An owner shall claim damages within:
(i) 30 days after actual notice of the intended change has been given to the owner, if the owner resides on the premises; or
(ii) 60 days after publication of notice in a newspaper in general circulation in the county, if the owner is a nonresident.
(c) If a railroad company condemns land under this section, the condemnation is binding on the company, unless the company chooses to abandon the location within 30 days after making the condemnation.
Frequently Asked Questions About Maryland § 5-406
What does Maryland Code § 5-406 cover?
Section 5-406 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 § 5-406?
A common citation format is "Maryland Code § 5-406" (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 § 5-406 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.