“QUICK TAKE” PROCESS ON · HB 1363: EMINENT DOMAIN-“QUICK-TAKE” PROCESS ON BEHALF OF THE DEPARTMENT OF TRANSPORTATION Sponsored by: Delegate Neil Parrott The House Environment

HB 1363: EMINENT DOMAIN-

“QUICK-TAKE” PROCESS ON

BEHALF OF THE DEPARTMENT

OF TRANSPORTATIONSponsored by: Delegate Neil Parrott

The House Environment and Transportation

Committee

March 9, 2018

BACKGROUND INFORMATION

▶ This bill was requested by the right of way community.

▶ Eminent Domain is a process by which someone’s land can be

taken, only if provided just compensation agreed upon by both

sides, by the government to be used for projects.

▶ Quick-Take is a type of Eminent Domain where the property can

be taken immediately upon payment of the perceived value of

the property.

▶ The Quick-Take process can currently only be used by the State

Roads Commission for state highways.

WHAT HB1363 DOES

▶ Expands Quick-Take to include mass transit projects.

▶ Changing the Administration to MDOT matches our

current transportation structure.

▶ The Quick-Take process would still go through the State

Roads Commission.

Potential Uses of Quick Take

▶ The following slides highlight a few mass transit projects in which

the Quick Take process could be utilized.

▶ All the projects mentioned would require dedicated right of

ways to support the project

▶ Two important acronyms to keep in mind

▶ BRT: Bus Rapid Transit uses buses running on mostly

dedicated lanes but can also travel on local roadways

▶ LRT: Light Rail Transit uses trams running on fully dedicated

tracks

▶ Public Private Partnerships would also benefit from this change

The Purple Line

▶ A proposed 16 Mile LRT line from Bethesda to New Carrollton

▶ 21 stations that link Montgomery County to Prince George’s

County

▶ Direct Connection to 4 MetroRail Stations

▶ Bethesda(Red Line), Silver Spring(Red Line), College

Park(Green Line), New Carrollton(Orange Line)

▶ Mainly dedicated lanes with 1 short tunnel

▶ Currently under construction

▶ The Quick Take process was used in this project, but was limited

to portions that involved state highways

Southern Maryland Rapid Transit Project

▶ A proposed 18.7 mile LRT or BRT line running from the Branch

Avenue Metro Station to Waldorf/ White Plains

▶ 12 proposed stations

▶ Would connect Prince George’s County to Charles County

▶ Maryland Transit Authority released their final report last year

http://www.smrtmaryland.com/

Top Half of proposed line from Branch Ave Metro to Brandywine Bottom Half of proposed line from Brandywine to White Plains

Corridor Cities Transitway

▶ Two phase BRT project in Montgomery County

▶ Phase 1: 9 mile corridor from Metropolitan Grove MARC

station to the Shady Grove Metro Station

▶ Phase 2: 6 mile extension from Metropolitan Grove MARC

station to the COMSAT facility

▶ Phase 1 is currently underway

▶ Most of the proposed BRT path uses dedicated lanes

http://www.cctmaryland.com/

Phase 1

MAGLEV

▶ A proposed Magnetic Levitation Train(MAGLEV) between

Baltimore and DC

▶ Would take approximately 15 minutes and would also

stop at BWI

▶ Federal and State funds have been pledged to go towards

the project

▶ Would require eminent domain in some places to build

▶ Construction could begin as soon as 2020

WHY HB1363

▶ Infrastructure and Transportation is a critical function of state

government.

▶ The State needs to adapt to population and tourism growth.

▶ Mass transportation allows us to move a lot of people

quickly.

▶ This bill allows us to build mass transportation projects for the

benefit of the community.

PLEASE VOTE

FAVORABLY ON

HB1363!

Questions?

Current Quick Take Process

1. Complete engineering studies

2. Create a construction plan

3. Determine which properties will be affected by the project

a. Determine the fair value of the property

b. Determine the fair compensation for resulting damages to

the remaining property of the owner

c. Prepare an estimate of the fair value and fair compensation

d. Provide for payment of these estimated amounts

Current Quick Take Process

4. The State Roads Commission files in court a petition for

condemnation

5. The State Roads Commission pays the owner of the property the

estimated fair value and fair compensation

6. The State Roads Commission may take possession of the

property and proceed with construction

7. Plats and estimates must be approved by the State Roads

Commission and kept as permanent records