Section 5-401 – Scope of Subtitle
Except as otherwise provided in this subtitle or by other law, the provisions of this subtitle are not subject to the jurisdiction of the Commission.
Section 5-402 – Limitations
(a) This subtitle does not authorize a corporation to take or use property unless just compensation, as agreed on with the owner or awarded by a jury, has been paid or tendered to the parties entitled to compensation or paid into court. (b) This subtitle does not authorize the location of a public road on private property […]
Section 5-403 – Gas Companies
(a) This section applies to a domestic or foreign corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases. (b) Subject to subsection (c) of this section, a corporation described in subsection (a) of this section may acquire by condemnation, in […]
Section 5-404 – Oil Pipeline Corporations
(a) (1) In this section the following words have the meanings indicated. (2) “Oil pipeline corporation” means a corporation of this State, any other state, or the United States, that is: (i) engaged in the business of transporting refined petroleum products by pipeline as a common carrier public service corporation; and (ii) subject to the jurisdiction of either the United […]
Section 5-405 – Railroad Companies — in General
(a) A railroad company or its authorized agent may agree with the owner to purchase, use, occupy, or divert the owner’s land, earth, gravel, stone, timber, streams, materials, or improvements that the company wants for the proper construction or repair of the railroad company’s roads or works. (b) The company may acquire the property by condemnation under […]
Section 5-406 – Railroad Companies — Change in Location or Grade
(a) (1) A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid: (i) inconvenience to public travel; (ii) dangerous or difficult curves or grades; or (iii) unsafe or unsubstantial grounds or foundations. (2) A change of location or grade under this […]
Section 5-407 – Railroad Companies — Public Way
(a) A railroad company and the municipal corporation, public officer, or public authority that owns or has control of any road, street, alley, or other public way or ground necessary to locate any part of the railroad may agree on the manner, terms, and conditions allowing the railroad company to use or occupy the road, street, […]
Section 5-408 – Railroad Companies — Private Way
The power of a railroad company to condemn land and other property under this subtitle includes the power to condemn, for railroad purposes, private crossings or ways and land and other property to provide substitute outlets.
Section 5-409 – Electric or Cable Operated Railroads
Sections 5-405, 5-406, and 5-407 of this subtitle apply to all railroads operated by electricity, cable, or other improved motive power, whether the property proposed to be condemned is located in a county or Baltimore City, where streets and alleys have not been opened and occupied as city streets.
Section 5-410 – Telephone and Telegraph Companies
(a) This section applies to: (1) a telegraph company that has its principal office in the State; (2) a telephone company that has its principal office in the State; (3) a corporation formed as a Class 13 corporation under Article 23, § 28 of the Code of 1904; and (4) a telephone company that owns lines and provides local exchange […]
Section 5-411 – Water Companies
A water company may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any land or water rights that the company is authorized to acquire to lay pipes or construct its work, if: (1) the company cannot agree with the owner of the land or water rights; or (2) an owner: (i) is a […]