Friday, January 19, 2018

MoCo Council asking Annapolis for eminent domain-on-steroids land grab power

For the third time in this term of office, the Montgomery County Council is trying to quietly ram a major change in the law through behind closed doors in Annapolis. In 2015, they tried to establish an Independent Transit Authority with unlimited taxation and debt power, and in 2017, they attempted a backdoor runaround the term limits voters had approved only months prior. This morning, they are exhorting the Montgomery County delegation to the Maryland General Assembly to expand and increase their eminent domain authority.

The bill, like the others, is being filed at the eleventh hour, and with no fanfare. Bill MC 27-18, "Eminent Domain - Expansion of 'Quick Take' Authority," would streamline the property seizure process related to highway and transit projects. For example, it would eliminate the ability to compare a property to similar pieces of land for the purpose of determining fair market value. The Council would also be able to force residents out of homes, and businesspeople out of commercial properties immediately, as long as they make an immediate payment of that potentially less-than-actual market value to the landowner.

Purple Line opponents suspect the law may be used in short order for eminent domain seizures related to that light rail project. That would fit the "heckuva rush" manner in which it is being put forward in Annapolis.

But looking ahead, this law would be equally handy in the quick demolition of more than 150 homes and businesses along Georgia Avenue between Olney and Wheaton, for the planned BRT route there. We know that from a state analysis, but we don't have similar numbers yet for which properties would end up being seized for BRT along MD 355 and Route 29. How might this also be used in the Veirs Mill Corridor sector plan, which is about to begin the process of approval before the Montgomery County Planning Board? Land seizures along Veirs Mill have been strongly hinted at by planners.

The late-filed bill will be introduced at the 9:30 AM session of the Montgomery County Delegation this morning. If the bill receives the necessary votes to advance, a public hearing will be scheduled. One question will be: will that hearing be held in Rockville, or Annapolis?

It's no wonder they held this bill from you, despite planning it for months, and are now attempting to file it quietly at the last minute!

28 comments:

Terpsucka said...

Should be interesting to see how the council's army of apologists defend this one!

Anonymous said...

"Quick take" of property sounds ominous.

Terpsucka said...

Ooh ooh let me give it a shot: "It's not the eleventh hour birdbrain! That would have been this morning, not yesterday!!" How was that, guys? Did I do it right??

Anonymous said...

"With unlimited taxation and debt power"

Ridiculous hyperbole when you first wrote it, and it still is.

Anonymous said...

Dyer wants the county and state to bulldoze through miles of hundreds of acres of neighborhoods and forests for a highway to Dulles, but doesn't believe in eminent domain?

Anonymous said...

I don't trust this Council with this type of power- not one bit. They've shown a lack of interest or care in what residents want.

Anonymous said...

Hogan must love this bill. No chance his extra beltway and I-270 lanes get built without it.

Anonymous said...

And Dyer's "Master Plan Northwest and North Central Freeways" would require the taking of thousands of homes and businesses in Bethesda and Silver Spring, as well as in Washington DC.

Montgomery County residents don't trust Dyer with any kind of power.

Anna said...

It would still need to be approved by voters in November 2018, right?

Here's the bill draft if anyone's interested:
Bill 27-18

Anonymous said...

"Submitting this amendment to the qualified voters of the State for their adoption or rejection."

That kinda kills Dyer's whole narrative, doesn't it?

Good catch, Anna.

Anonymous said...

Odd that the words "constitutional amendment" appear nowhere in Dyer's article.

Robert Dyer said...

6:28: We have eminent domain now. This is an attempt to make it easier and cheaper to use, with less of a fair process to the property owner. There is a right-of-way for a new highway extension to cross the Potomac in place. Very few eminent domain takings would be necessary.

6:40: most of those rights-of-way are still intact, and with Elon Musk's new tunneling technology, we can work around the obstacles. Montgomery County residents certainly trust me more than they trust our crooked County Council, caught red-handed trying to sneak something like this through again.

6:57: You mean like the vote on the ambulance fee that voters rejected, but went into effect anyway? LOL

Robert Dyer said...

6:27: You obviously didn't read the bill's text in 2015. It clearly stated that the ITA would be able to raise unlimited taxes, take on unlimited debt, and operate *without* review of its budget by the County Council. The last was only proposed to be changed in a later attempt to ram it through. Facts. Read the bill!

Anonymous said...

"Montgomery County residents certainly trust me more than they trust our crooked County Council"

So how come they elected them and not you?

Anonymous said...

Terpsucka must be feeling very silly right now.

Anonymous said...

"There is a right-of-way for a new highway extension to cross the Potomac in place. Very few eminent domain takings would be necessary.

"6:40: most of those rights-of-way are still intact, and with Elon Musk's new tunneling technology, we can work around the obstacles."

No there isn't, no they aren't, and no it can't.

Musk's tunneling technology isn't anywhere close to being implemented. And building a highway underground is very different from building a rail line underground.

Robert Dyer said...

7:30: Musk has already dug tunnels, and now has approval to dig here in Maryland. Teh Boring Company isn't just for transit - they have technology for moving cars underground, too.

You need to get out a map and look at the routes for the different roads you're talking about. The rights-of-way are still there for the Potomac crossing, M-83, Rockville Freeway, and Northern Parkway. We would need tunneling to get around some parts of the routes for the NW and North Central Freeways.

7:22: The cemetery precincts came in strong for Hans Riemer.

Anonymous said...

The Hyerloop tunnels will be all of 11 feet in diameter. And Maryland's AG has blocked construction.

Robert Dyer said...

8:06: You and the A.G. don't seem to understand all of the Boring Company technology and its applications. Good to know Frosh is again trying to stifle business in his own state! Heckuva job, Brownie!

Anonymous said...

Dah, first comment got lost in interspace.

Very broad language in bill giving a lot of latitude to Council. Crazy that Council finds value by hiring an appraiser (of course) or a broker(!) chosen by the county(!!). Just a single broker chose by the county will est the value of your property? Sheesh, sounds awful for the citizens.

Thanks, Anna, for posting the bill. Thank you and Robert for keeping us informed.

Anonymous said...

Dyer @ 7:15 AM - The ambulance tax was not a constitutional amendment.

Anonymous said...

Nice research, team. As per usual the Suburban Fake News Network only tells half the story.

Anonymous said...

reeeeeeeeetarrrrrrrrrrrrd

Anonymous said...

Hey Robert we at the special olympics would like to honor you for your Hyper Local blog, you are putting these big magazines out of business (slightly failing) you are an inspiration for all retards and we would like to honor you as one of the Retards of the Year!!!!

Anonymous said...

This is Hans Reimer and Robert I would like to congratulate you for your Retard of the Year nomination, keep it up old sport, I will see you later after I violate your moms mouth later tonight!! Again congrats pal!!!

Anonymous said...

Glad to see the county acting responsibly to build out transit infrastructure.

Anonymous said...

Will be used to expand purple line west to sagamore shopping center....

Anna said...

FYI, I believe the billed was pulled before the vote, so for now it's moot.