Partial Takings for Road Widening - Howard County

Partial Takings for Road Widening – Howard County

Issue:

Jamie represented a number of Howard County, Maryland residential landowners, portions of whose properties were condemned by the State Highway Administration for a phased highway construction project.  This phase of the project was to improve and widen a 6.6 mile stretch of State Route-32 from two lanes to four between Linden Church Road and I-70, including installation of a new parallel access road.  This bucolic area of the county is relatively rural with a growing number of residential subdivisions with 3-acre minimum lots.  The State had determined that due to the low density of property owners along Route-32, a noise barrier would not be constructed along the widened highway.  The amount of property condemned in each case varied as did impacts from the project to each property remaining after the partial taking.  Generally speaking, existing mature screening trees along Route-32 were taken, and existing homes were left closer to the widened highway resulting in increased noise and an unscreened or lesser-screened view of traffic.

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 seven cases  the State initially offered a total of $563,888.40 in compensation to the owners. The final compensation totaled $1,199,400.00—a 113% increase above the State’s initial offers.    Full and just Compensation in each case included not only the property taken (including the value of temporary construction easements and permanent easements for storm water retention ponds), but also the diminution in value to the remaining property – compensation that can be applied by the owners to replace lost screening trees to mitigate the project’s impact.

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.