MoCo Council asking Annapolis for eminent domain-on-steroids land grab power

For the third time in this term of office, the Montgomery County Council is trying to quietly ram a major change in the law through behind closed doors in Annapolis. In 2015, they tried to establish an Independent Transit Authority with unlimited taxation and debt power, and in 2017, they attempted a backdoor runaround the term limits voters had approved only months prior. This morning, they are exhorting the Montgomery County delegation to the Maryland General Assembly to expand and increase their eminent domain authority.

The bill, like the others, is being filed at the eleventh hour, and with no fanfare. Bill MC 27-18, "Eminent Domain - Expansion of 'Quick Take' Authority," would streamline the property seizure process related to highway and transit projects. For example, it would eliminate the ability to compare a property to similar pieces of land for the purpose of determining fair market value. The Council would also be able to force residents out of homes, and businesspeople out of commercial properties immediately, as long as they make an immediate payment of that potentially less-than-actual market value to the landowner.

Purple Line opponents suspect the law may be used in short order for eminent domain seizures related to that light rail project. That would fit the "heckuva rush" manner in which it is being put forward in Annapolis.

But looking ahead, this law would be equally handy in the quick demolition of more than 150 homes and businesses along Georgia Avenue between Olney and Wheaton, for the planned BRT route there. We know that from a state analysis, but we don't have similar numbers yet for which properties would end up being seized for BRT along MD 355 and Route 29. How might this also be used in the Veirs Mill Corridor sector plan, which is about to begin the process of approval before the Montgomery County Planning Board? Land seizures along Veirs Mill have been strongly hinted at by planners.

The late-filed bill will be introduced at the 9:30 AM session of the Montgomery County Delegation this morning. If the bill receives the necessary votes to advance, a public hearing will be scheduled. One question will be: will that hearing be held in Rockville, or Annapolis?

It's no wonder they held this bill from you, despite planning it for months, and are now attempting to file it quietly at the last minute!

Montgomery County Council to consider seizing Bethesda homeowners' land today

The Montgomery County Council will consider a request from the County Department of Transportation (MCDOT) today to condemn thousands of square feet of private residential property in the Glen Echo Heights neighborhood of Bethesda. MCDOT is seeking to obtain a perpetual easement from a single-family home property on Wapakoneta Road, and two temporary construction easements from single-family home properties on Wapakoneta and Wehawken Road, respectively.

Timothy Firestine, Chief Administrative Officer of Montgomery County, is asking the Council to condemn the land outright using its power of eminent domain. In a memo on behalf of County Executive Ike Leggett, Firestine writes that MCDOT wants to install a 24" drainpipe, curbs, storm drains and gutters along Wapakoneta Road, from Namakagan Road to Walhonding Road. The County has negotiated with 5 homeowners on Wapakoneta and Wehawken since April 2015 to obtain right-of-way for the improvements, and temporary space for construction staging.

So far, MoCo has reached agreements with 2 of the 5 affected property owners. The project is running out of time to negotiate further, Firestine says, and he is now asking the County Council to "obtain immediate possession of portions of those properties for which the County has not yet been able to negotiate an amicable resolution with the Property Owners."

Homeowners of one of the Wapakoneta properties in question are currently reviewing a potential agreement with the County, but have not signed it yet. Owners of the second home on Wapakoneta have not agreed to sell. Firestine says they "do not want to lose their trees."

The permanent easement being sought along Wapakoneta is 1,505 SF; the two construction easements would be 2,502 SF (Wehawken) and 1,500 SF (Wapakoneta).

Today's agenda item is an introduction of the Advance Taking resolution. A worksession on the matter is currently scheduled for November 2.