Property Owners FAQ
The following frequently asked questions and answers regarding ICC Right-of-Way partial acquisitions of private property are general in nature. There are many rules and regulations mandated by State and Federal laws, which are too lengthy and detailed to be described below. Specific Right-of-Way questions should be directed to your realty specialist. If you have any other questions concerning the ICC, please contact the ICC project team at 1-866-462-0020 (toll free) or click here to send an email.
I received a letter in the mail from SHA informing me that a portion of my property is required for the ICC. How can I find out how much of my property will be needed? Can the limits of this impact be shown to me on my property?
In your letter from SHA, the names of several contact persons should be identified. You may call or mail any of the persons you have been directed to contact in the letter. Or, you may contact Paul Lednak at our District 3 office at 301-513-7466 to obtain the name of your realty specialist.
Your realty specialist will explain how much of your property is needed for the project by showing the limits of the area needed on the SHA plat, a drawing which shows the location of any existing right of way and the proposed location of the new right of way. The specialist will answer any other questions which you may have about the information contained on the SHA plat. You may also request that the specialist meet you at your property to show you the approximate locations of your property, which are required for the project. At that time, you may request that SHA stake the property with flags to show the location of area to be acquired in relation to your property line.
I have a detached garage/shed/outbuilding located in the area to be acquired. How will I be compensated for its removal?
If the building is in the acquisition area and is not moveable, the appraisal will include the value of the garage/shed/outbuilding in the amount of just compensation which will be paid to you. As part of the construction project, the SHA will then remove this structure. You will be compensated actual and reasonable costs for moving personal property from the building. If the structure itself may be moved, the SHA will pay the costs to move it or replace it, which ever is least expensive.
I have ornate landscaping features and plantings in the take area. Will I receive additional compensation for their replacement?
Landscaping contributes to the aesthetic quality of a property. It is not typically compensated item for item. The appraiser valuing your property will assess the contributory value of the landscaping depending on the property’s use.
What precautions will be taken to protect my well/septic/foundation, and how will I be compensated if they are damaged?
Preliminary engineering studies have been completed and the agency has made every attempt to identify well and septic systems. Whenever possible, we avoid them. If it is not possible to avoid the systems, we work with the property owners to replace the system or when feasible, SHA will be responsible for connecting the property to public facilities. There are situations when the well or septic systems have been moved previously and are no longer in the location contained in public records. If you know that your well or septic system is in the area identified as needed for the project, you should discuss this location with your realty specialist.
How long after I receive SHA’s offer do I have to accept the offer?
The offer is the first step in SHA’s good faith negotiations to reach an equitable settlement. SHA’s initial offer, based upon an approved appraisal does not expire and at any point in the process, you may contact your realty specialist to accept this offer or to discuss a counteroffer. Before SHA can begin the next step in the acquisition process for an improved property, SHA must allow at least 90 days for good faith negotiations after the initial offer has been provided to the property owner. If the portion of the property to be acquired is unimproved, SHA must allow at least 30 days for good faith negotiations after the initial offer. These are minimum timeframes and your realty specialist will be able to discuss any special circumstances which would require an extension of these time frames.
If I disagree with SHA’s appraisal, what is my recourse?
If you disagree with the appraisal, you may make a counteroffer providing justification for any alternative value. If this justification includes sales of properties which you consider comparable which were not included in the State’s appraisal, you may provide information about these sales to the realty specialist. You may also submit your own appraisal for SHA’s consideration. The realty specialist will review any information and counteroffer which you provide as part of SHA’s good faith negotiations to reach an equitable settlement.
If SHA and I are unable to reach an agreement after the initial good faith negotiations what will happen?
When SHA and the property owner are unable to reach an agreement after the initial negotiation period, SHA will begin the process to acquire the needed property through the use of the power of eminent domain. The SHA will present information about the case to the State Roads Commission which has the authority to approve the filing of a quick take action in the circuit court. After approval is given, SHA will follow the procedures in the Transportation Article of the Maryland Code. For unimproved properties, the process is set forth in the Quick Take Condemnation by Commission-Board of Property Review part of the Code (Transportation 8-318 et. seq.) For improved properties, the process is set forth in the Quick Take Condemnation by Commission-Accelerated Procedure part of the Code (Transportation 8-334, et. seq.)
What should I do if the contractor impacts my property beyond the limits that were shown to me?
Our contractors and employees notify property owners when construction is scheduled in areas adjoining their property. As part of this notification, you will be given the name and contact information for the project manager or designee who will be able to answer construction related questions. The first step is to contact the project manager or the realty specialist to report this problem. You may request that SHA stake the property with flags to show the location of area to be acquired in relation to your property line. Many times the flags will show that the contractor is within the appropriate area. If the impacted area is beyond the designated area, any continuing activity will immediately be restricted to the appropriate area and any impacts to your property will be promptly restored.
Will I be notified when the temporary/revertible easements on my property have expired?
Temporary easements expire upon the completion of the construction of the section of the project at your location. The temporary easement expires automatically and neither SHA nor the property owner need to take any further action.
The SHA plat will identify the purpose of any revertible easements; the most frequent type is for supporting slopes necessary for the function of the roadway. The revertible easement reverts when the purpose is no longer needed because of a change in conditions. If construction is completed and you believe that the revertible easement purpose described on the SHA plat is no longer necessary, you may contact the project manager or the realty specialist and request that the need for the revertible easement be reviewed. If that review concludes that the revertible easement is no longer needed for the constructed road, SHA will review with you the process for the extinguishment of the revertible easement.
Connecting with Property Owners and Relocation Assistance(PORA)
