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SB 451

Eminent Domain - Just Compensation - Fees and Costs

2026 Regular Session Introduced by Justin Ready

SB 451 modifies how attorney fees and litigation costs are allocated in Maryland eminent domain disputes over just compensation payments.

Hearing 2/10 at 1:00 p.m.
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WeVote Research Nonpartisan
Bill Summary · SB 451

Legislative bill overview

SB 451 addresses the allocation of legal fees and costs in eminent domain cases where property owners challenge government takings. The bill appears to establish or modify provisions regarding who pays attorney fees and expert witness costs when landowners dispute whether the government's offered compensation is truly "just" under the Fifth Amendment.

Why is this important

Eminent domain cases often involve significant legal expenses that property owners must bear to challenge government valuations. By clarifying fee and cost allocation, this bill could affect whether ordinary citizens can afford to fight government property seizures, potentially impacting the practical enforceability of just compensation protections.

Potential points of contention

  • Cost-shifting burden: Whether property owners or the government should bear litigation costs when challenging compensation amounts; placing costs on owners may discourage legitimate challenges
  • Valuation expertise expenses: Who pays for appraisers and expert witnesses needed to establish property value; this directly affects accessibility to justice for smaller landowners
  • Fairness concerns: Whether government entities with greater resources should bear more costs when they may have initially undervalued properties, or whether costs should be proportional to claim outcomes

Compiled from official sources — confirm details with the bill’s official record.

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