“quick take” process on · hb 1363: eminent domain-“quick-take” process on behalf of the...
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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
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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.
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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.
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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
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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
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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/
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Top Half of proposed line from Branch Ave Metro to Brandywine Bottom Half of proposed line from Brandywine to White Plains
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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/
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Phase 1
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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
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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.
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PLEASE VOTE
FAVORABLY ON
HB1363!
Questions?
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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
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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