This paper on the debilitating effect upon the value of land caused by imminent or potential condemnation (inverse condemnation), focuses on the impact of proposed highways upon a landowner's rights and privileges, especially with regard to Prince George's County and Montgomery County in Maryland. The purpose and use of a master plan within the jurisdiction of the Maryland-National Capital Park and Planning Commission is explained, and the case is described of the problems encountered by a developer and landowner in securing building permits where the subject property is located within the path of a proposed road. A recent Maryland Court of Appeals involved a subdivision process that provided that a submitted plan of subdivision must conform with the relevant mast plan. In both Prince George's and Montgomery Counties, a parcel of land being processed pursuant to the local subdivision procedures may be placed in "reservation" for a period not exceeding three years. If the landowner has no plans for the land, wants the tax liability abrogated, and wants to sell the land, then the reservation can be beneficial. If, however, this is not the case, chances are that the landowner is injured by the reservation. A court case relating to this is citied. It is suggested that the added cost of condemnation caused by development should be spread over the entire public rather unduly burdening a simple landowner.

Media Info

  • Media Type: Digital/other
  • Pagination: pp 43-45
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00335148
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 15 1981 12:00AM