Maryland voters to decide on an amendment related to eminent domain for highway or transit purposes in November
The Maryland State Legislature voted to send a constitutional amendment to voters that would authorize the state legislature to pass a law acquiring property on behalf of the state Roads Commission or the Maryland Transit Administration (MTA) if the commission or MTA determines it is needed for highway or transit purposes. The owner of the property would be entitled to a payment equal to the fair market value of the property.
The amendment was referred to the November ballot as part of two bills, House Bill 1081 (HB 1081) and Senate Bill 947 (SB 947), which were cross-filed in their respective chambers and adopted and sent to the governor on April 13. The bills also contain statutory provisions related to restructuring transit oversight boards for the Baltimore area and commuter service, qualifications and compensation for MTA employees, and a technical study between MTA and the Baltimore Metropolitan Council regarding the creation of a rail authority. These provisions are not contingent on the amendment being approved in November. They would take effect Oct. 1, 2026.
During the legislative process, Jalen Sanders, director of government affairs for the Maryland Transit Administration, and Matt Mickler, director of government affairs for the Maryland Department of Transportation, wrote in support of the amendment, saying, “HB 1081 proposes constitutional amendments and statutory changes to authorize quick-take condemnation authority for MTA projects. Quick-take authority is a critical project delivery tool used by transportation agencies nationwide to facilitate timely project implementation and maintain eligibility for federal funding programs, while maintaining property owners' rights and due process to seek and be awarded fair property value.”
A 60% vote is required during one legislative session for the Maryland State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 85 votes in the Maryland House of Delegates and 29 votes in the Maryland State Senate, assuming no vacancies.
https://news.ballotpedia.org/2026/04/14/maryland-voters-to-decide-on-an-amendment-related-to-eminent-domain-for-highway-or-transit-purposes-in-november/