College Park Maryland

Partial Takings for Road Widening – College Park Maryland

Issue:

Jamie represented a number of commercial landowners in College Park Maryland, portions of whose properties were condemned by the State Highway Administration for a phased construction project to widen and improve US Route-1 (Baltimore Avenue).  This first phase of the US-1 project extends from the intersection of College Avenue to University Boulevard (MD 193), and will add a raised median between two-lanes on either side and a new five-foot wide bicycle lane among other improvements to utilities and lighting and road safety.  This is a very high-traffic commercial area situated just outside the main gate to the University of Maryland.  Construction will be protracted over a number of years due to phased work associated with above-ground and below-ground utility relocation and follow-on roadway construction.  Retail businesses lost parking, landscaping, and other improvements within the State’s taking area including signage.  Moreover, businesses were left with less space within which cars could navigate parking and ingress/egress.

Goal:

To receive full and just compensation for both the property being taken by the State and for any diminution in value caused to the remaining portion of property not being taken.

Success:

In four cases the State initially offered a total of $446,400.00. The final compensation paid was $886,000.00—a 98% increase above the State’s initial offers.  Full and just Compensation in each case included not only the property taken, but also diminution in value to the remaining property.

DISCLAIMER: THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY MILLER, MILLER & CANBY, AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.