Opening, Widening, Closing Streets

Baltimore City Code art. 26, subtit. 3

in effect

Baltimore City Code, Article 26, § 3-1 Record of benefits, damages.

§ 3-1. Record of benefits, damages. The Department of Transportation shall keep a record of the proceedings pertaining to the assessment of the amounts to be paid by or to any person for benefits derived, or damage sustained, for the opening, extending, widening, straightening, grading, or closing of any street or alley or part thereof in Baltimore City, which the Mayor and City Council shall hereafter by ordinance direct the Department of Transportation to open, extend, widen, straighten, grade, or close, in a book provided by the Department, and in such form as the City Solicitor may subscribe. (Ord. 15-435; Ord. 76-139; Ord. 75-945; Ord. 50-1530; Ord. 1881-024.)

Baltimore City Code, Article 26, § 3-2 Notice of proposed ordinance.

§ 3-2. Notice of proposed ordinance. (a) Notice by publication. (1) Before any ordinance is introduced in the City Council under City Charter Article II, § (34) {“Streets, Bridges and Highways”} relating to the laying out, opening, extending, widening, straightening, or closing up, in whole or in part, of any street, square, lane, or alley within Baltimore City, notice shall be given by advertisement published twice a week for 2 consecutive weeks, in 2 of the daily newspapers in the City, that application shall be made for the passage of the ordinance. (2) The notice: (i) shall set forth clearly in the case of laying out, opening, or extending any street, square, lane, or alley, the length or width of the street, square, lane, or alley, or part thereof to be laid out, opened, or extended; (ii) in the case of widening or straightening, shall set forth clearly both the present and the intended width and also the length of any street, square, lane, or alley or part thereof intended to be widened or straightened; and (iii) in case of closing, shall set forth clearly the length and width of the street, square, lane, or alley, or any part thereof, intended to be closed. (b) Notice by map. (1) Notice shall also be given by filing with the Department of Transportation, on or before the 1st day of the publication, a map on the scale of not less than 50 feet to the inch, prepared by some competent surveyor, whose name shall be signed to the map, which: (i) in case of laying out, opening, extending, widening, or straightening, shall show: (A) the course and the lines of the projected improvement; and also (B) the lots and the buildings that will be taken or destroyed, in whole or in part; and which (ii) in the case of closing, shall show: (A) the street, square, lane, or alley, or part thereof, intended to be closed; and also (B) the abutting lots and improvements thereon. (2) The Director of Transportation shall: (i) endorse on the map his or her name, with the date of its being filed; and (ii) keep the map where the public may have access to it. (3) Whenever the map may be needed for the purpose of being shown at any meeting of the City Council, or of any committee thereof, he may, on the written order or request of the President of the City Council, or of the chairman of such committee, and, on obtaining his receipt therefor, allow the map to be taken from his office for that purpose, to be returned on the following day. (c) Amendments. At any time before the final passage of the ordinance, the map and the ordinance may be amended if the amendment does not substantially depart from the published notice, so as to substantially affect parties who would not be warned by the notice. (Ord. 15-435; Ord. 08-063; Ord. 76-139.)

Baltimore City Code, Article 26, § 3-3 Notice of proposed action.

§ 3-3. Notice of proposed action. Before the Department of Transportation may proceed under these sections to perform its duty, it shall give notice in at least 2 of the daily newspapers in the City of Baltimore of the object of the ordinance under which it proposes to act, at least 10 days before the time of the 1st meeting to execute the same. (Ord. 15-435; Ord. 76-139.)

Baltimore City Code, Article 26, § 3-4 Methods of acquiring property.

§ 3-4. Methods of acquiring property. (a) In general. Whenever the Mayor and City Council of Baltimore provides, by ordinance, for the laying out, opening, extending, widening, or straightening of any highway, street, square, lane, or alley in Baltimore City: (1) the ordinance may provide that the Department of Transportation shall proceed to acquire the property necessary, in accordance with the City Charter and this subtitle; or (2) the ordinance may provide: (i) that the property necessary to be acquired for such laying out, opening, extending, widening, or straightening may be acquired by proceedings in the Circuit Court for Baltimore City under Title 12 of the Real Property Article of the Maryland Code; and (ii) that, after the damages to be awarded have been ascertained by the proceedings, the Department of Transportation may proceed to assess the benefits for the laying out, opening, extending, widening, or straightening, in the same manner as if the damages had been assessed by it under §§ 3-5 through 3-10 of this article; and (iii) it shall state in the report the amount of damages assessed by the proceedings in court to the various owners, and the expenses of the court proceedings, and its own proceedings. (b) Profile map required. Before the benefits and damages are assessed, there shall be filed with the Department of Transportation a profile map or plat showing the grade of the proposed highway, street, square, lane, or alley with respect to the abutting property, which map or plat shall be included by the Department of Transportation in the return of its proceedings. (Ord. 15-435; Ord. 76-139.)

Baltimore City Code, Article 26, § 3-5 Determining damages and benefits.

§ 3-5. Determining damages and benefits. (a) Determining damages. Whenever the Mayor and City Council directs the Department of Transportation to lay out, open, extend, widen, straighten, or close up, in whole or in part, any street, square, lane, or alley within the bounds of this City the Department of Transportation, having given the notice required by law of its 1st meeting to execute the same: (1) shall meet at the time and place mentioned in said notice, and from time to time thereafter, as may be necessary, to exercise the powers and perform the duties required of said Department by said ordinance; and (2) shall ascertain whether any and what amount of value in damage will thereby be caused to the owner of any right or interest in any ground or improvements within the City of Baltimore, for which, taking into consideration all advantages and disadvantages, such owner ought to be compensated. (b) Determining benefits. The said Department, having ascertained the whole amount of damages for which compensation ought to be awarded, as aforesaid, and having added thereto an estimate of the probable amount of expenses which will be incurred by the Department in the performance of the duties required by it, as aforesaid, and also of the expenses incurred by the Mayor and City Council of Baltimore by reason of said proceedings, shall proceed to assess all the ground and improvements within the City, the owners of which, as such, the said Department shall decide and deem to be directly benefitted by accomplishing the object authorized in the ordinance aforesaid. (c) Benefits less than damages and expenses. If the direct benefits, assessed as aforesaid, do not equal the damages and expenses incurred, the balance of the expenses and damages shall be paid by the Department of Transportation from funds appropriated. (Ord. 15-435; Ord. 75-945; Ord. 50-1530; Ord. 1881-024.)

Baltimore City Code, Article 26, § 3-6 Only part of property needed.

§ 3-6. Only part of property needed. (a) Acceptance of whole. (1) In every case where: (i) it shall be necessary, in order to effect the object proposed, under any of the ordinances provided for laying out, opening, widening, or straightening, in whole or in part, any street, square, lane, or alley, that a portion only of a lot or of a lot and improvements shall be taken and used or destroyed; and (ii) the owner or owners thereof shall claim to be compensated for the whole; the Department of Transportation in such cases may, if it deems it best, and not otherwise, accept a surrender in writing of the whole of the lot or the whole of the lot and improvements, or the whole of the improvements, from the owner or owners. (2) In that event, the Department of Transportation: (i) shall ascertain the full value thereof as if the whole lot, or lots and improvements, or improvements, as the case may be, were necessary to be taken and used for the proposed object; and (ii) the whole amount of the valuation, when finally decided on, shall be paid or tendered to the owner or owners before any part thereof shall be destroyed, removed, or used, unless the owner or owners assent thereto in writing as now provided for by law. (b) Taking only part. Provided, however, that where, in the judgment of the Director of Transportation, only a part of the whole of a lot or a part of the whole of the improvements on any lot, can be taken without destroying the whole of the lot or improvements, for the purpose for which the lot or improvements are used, or for building purposes, then the Department of Transportation shall: (1) condemn only that part of the whole lot or improvement that is necessary for the proposed object; and (2) shall award to the owner or owners of the part of the lot or improvements so taken, such damages, and assess upon the remainder thereof such benefits as in its judgment shall be right and proper. (Ord. 15-435; Ord. 76-139; Ord. 75-945; Ord. 51-1530; Ord. 1893-159; Ord. 1888-043; Ord. 1888-038.)

Baltimore City Code, Article 26, § 3-7 Statement of benefits and damages.

§ 3-7. Statement of benefits and damages. (a) Department to prepare. As soon as the Department of Transportation shall have completed the valuation of damages to be ascertained by it as directed by §§ 3-5 and 3-6 of this article, it shall cause a statement thereof to be made out for the inspection of all persons desiring information of its contents. (b) Contents. Such statement, together with an explanatory map or maps, shall contain: (1) a description of each separate lot or parcel of ground deemed to have sustained damages, including: (i) its dimensions; (ii) the name of the street, square, lane, or alley on which it bounds; (iii) the names of all persons supposed to have any estate or interest in it; (iv) the amount of damages as valued by the Department of Transportation; and (v) if there be any house or other improvements on it, necessary to be removed, in whole or in part, such description thereof as the Department of Transportation shall deem necessary; and (2) in like manner, a description of each parcel of ground deemed by the Department of Transportation to be benefitted, including: (i) the name or names of such person or persons as may be supposed to have any estate or interest therein; and (ii) the amount assessed thereon for benefits. (Ord. 15-435; Ord. 08-063; Ord. 75-945; Ord. 51-1530; Ord. 1881-024.)

Baltimore City Code, Article 26, § 3-8 Publication of notice.

§ 3-8. Publication of notice. The Department of Transportation shall cause a notice to be published once a week for 2 successive weeks in 2 daily newspapers of the City, stating: (1) the extent of the ground covered by the assessment; (2) that such statement and maps are ready for the inspection of all persons interested therein; and (3) that the Department of Transportation will meet at its office on a day to be named in the notice, which shall be within 15 days after the 1st publication of the notice, for the purpose of reviewing any of the matters contained in the statement to which any person claiming to be interested shall make objection. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1881-024.)

Baltimore City Code, Article 26, § 3-9 Hearing.

§ 3-9. Hearing. (a) In general. The Department of Transportation shall meet at the time and place so appointed, and shall hear and consider all representations or testimony on oath or affirmation, verbal or in writing, in relation to any matter in the statement that shall be offered to them on behalf of any person claiming to be interested. (b) Adjournment. It may adjourn, from day to day, if necessary, to give all parties claiming a review an opportunity to be heard, not exceeding in the whole 10 days. (c) Corrections. And the Department of Transportation shall make all corrections and alterations in the valuations, assessments, and estimates, and all other matters contained in the statements and explanatory map or maps, that appear in its judgment to be just and proper. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1881-024.)

Baltimore City Code, Article 26, § 3-10 Book of proceedings; Notice of completion.

§ 3-10. Book of proceedings; Notice of completion. (a) Book of proceedings. After closing the review, the Department of Transportation shall make all corrections in its statement and explanatory map or maps that it deems proper, and cause the statement as corrected to be recorded in a book of proceedings, and certified under the hand and seal of the Director of Transportation and the person or persons appointed by the Director as provided by § 3-1 of this subtitle. (b) Notice of completion. Within 5 days after closing the review, the Department shall notify all persons interested by an advertisement, to be inserted once a week for 2 successive weeks in 2 of the daily newspapers of the City, that the assessment and maps have been completed, and that the parties affected are entitled to appeal therefrom by petition, in writing, to the Board of Municipal and Zoning Appeals. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1881-024.)

Baltimore City Code, Article 26, § 3-11 Personal service of notice.

§ 3-11. Personal service of notice. (a) Notice required. The Department of Transportation shall serve written or printed notice upon each and every party or parties assessed for damages, caused by the condemnation and opening of any public highway. (b) But not prerequisite. However, the service of this notice is not a prerequisite to the condemnation and opening of any street under any ordinance passed by the Mayor and City Council of Baltimore. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1973-076.)

Baltimore City Code, Article 26, § 3-12 Administrative appeal.

§ 3-12. Administrative appeal. (a) How and when taken. Any person or persons, or corporation, who is dissatisfied with the assessment of damages or benefits may: (1) within 20 days after the completion of the corrected statement and map or maps, as provided in § 3-10 of this article; and (2) within 20 days from the date of the 1st publication of the notice thereof, as provided in § 3-10 of this article; appeal therefrom by petition, in writing, to the Board of Municipal and Zoning Appeals, praying the Board to review the same. (b) Scheduling hearing; record transmittal. On appeal, the Board: (1) may and shall appoint a day for hearing said appeal, which shall not be less than 5 nor more than 30 days after the expiration of the 20 days limited for taking appeals as aforesaid; and (2) shall direct the Board’s secretary to notify in writing the Department of Transportation, to produce and deliver to the Board the record of the proceedings of the Department in the case, and all maps, plats, documents, and papers connected with that record. (c) Board’s powers. The Board has full power to hear and fully examine the subject and decide on the appeal, and, for that purpose, the Board is authorized and empowered: (1) to adjourn from time to time, and (2) may cause all such appeals to be consolidated, or may hear and decide them separately, and (3) may require the Department of Transportation, its surveyor, or other agents and servants, or any of them, and all such other persons as the Board shall deem necessary, to attend, and examine them on oath or affirmation, and (4) may permit and require all such explanations, amendments, and additions to be made to and of the said record of the proceedings as the said Board shall deem requisite. (Ord. 15-435; Ord. 75-945; Ord. 51-1530.)

Baltimore City Code, Article 26, § 3-13 Judicial review - In general.

§ 3-13. Judicial review - In general. (a) How and when sought; right to jury and view. The persons appealing to the Board, as aforesaid, feeling aggrieved by any decision of the Board: (1) may at any time within 30 days of a decision by the Board, appeal therefrom to the Circuit Court for Baltimore City as provided in Article VII, §88 of the City Charter; and (2) shall be secured in the right of a jury trial to try any question of facts and, if necessary, to view any property in the City, to ascertain and decide on the amount of damages or benefit, under the direction of the court. (b) Court’s powers. The court: (1) may not reject or set aside the record of the proceedings of the Department of Transportation and Board for any defect or omission in either form or substance, but (2) shall: (i) amend or supply all defects and omissions; (ii) increase or reduce the amount of damages and benefits assessed; and (iii) alter, modify, and correct the return of proceedings, in all or any of its parts, as the court considers just and proper; and (3) shall have full power, in his discretion, to add the reasonable costs of any appeal, to be taxed by him, or any part thereof, to the damages to be collected for opening or closing said street, or to require such cost, or any part thereof, to be paid by all or by either of the appellants as the circumstances of each appeal in his opinion shall justify. (c) Record of proceedings. (1) The court shall cause: (i) the proceedings and decisions on the returns and appeals to be entered in the book containing the record of the proceedings of the Department of Transportation, certified by the clerk, under the seal of the court; and (ii) the book to be transmitted to the Department of Transportation, which shall be final and conclusive in every respect, unless an appeal be taken to the Court of Special Appeals. (2) The record book, or a copy of the proceedings or any part of the proceedings in the record book, whether in court or out of court, certified by the Director of Transportation or the person or persons appointed by the Director as provided by § 3-1 shall be evidence in any court in this State. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1868-029; Ord. 1866-027.)

Baltimore City Code, Article 26, § 3-14 Judicial review - Awards.

§ 3-14. Judicial review - Awards. (a) Proceedings de novo. Whenever there is any appeal from the action of the Board of Municipal and Zoning Appeals to the Circuit Court for Baltimore City, either by the Mayor and City Council of Baltimore, or by any person having or claiming to have any interest in any lot or parcel of ground assessed with benefits, or the whole, or any part of which is taken for the laying out, opening, extending, widening, or straightening of any street, square, lane, or alley, the jury shall award and assess de novo the damages and benefits to be allowed and charged for and to such lot of ground. (b) Valuation method. In assessing the value of any lot taken in whole or in part for the public use, the jury shall: (1) value the fee simple interest of the part taken; (2) add thereto compensation for such damages, if any, as is done by the taking of the fee simple interest in the part not taken; and (3) apportion the damages so awarded among the owners of the different estates therein according to the value of their respective interests. (Ord. 51-1530; Ord. 1895-039.)

Baltimore City Code, Article 26, § 3-15 Ordinance repealed or set aside.

§ 3-15. Ordinance repealed or set aside. Whenever any ordinance passed by the Mayor and City Council of Baltimore, providing for the condemnation and opening, widening, or closing of any street, square, lane, or alley in said City, shall be set aside or declared null and void by a court of competent jurisdiction, to wit: the Circuit Court for Baltimore City, the Court of Special Appeals, or the Court of Appeals, in the event of an appeal to that tribunal, or the same shall be repealed by the Mayor and City Council of Baltimore, it shall be the duty of the Director of Finance immediately thereafter to refund to any and all persons, or their legal representatives, such sums of money as they may have paid to the City by reason of the assessment of benefits by virtue of such ordinance. The Director of Finance shall likewise pay all expenses which may have been incurred by virtue of any such ordinance, in carrying out the provisions thereof, for which the City may be liable under existing ordinances. (Ord. 08-063; Ord. 75-945; Ord. 51-1530; Ord. 1877-008.)

Baltimore City Code, Article 26, § 3-16 Billing assessments for benefits.

§ 3-16. Billing assessments for benefits. (a) Transfer to Finance. If no appeal has been prayed, then within 20 days after the time hereinbefore limited therefor or after the return of the decision on appeal has been made to the Board of Municipal and Zoning Appeals or to the Circuit Court for Baltimore City, the Department of Transportation shall transfer its return to the Director of Finance. (b) Finance to notify parties. The Director of Finance shall proceed forthwith to notify the parties assessed for benefits by means of bills: (1) specifying the several sums so assessed; and (2) warning them that if the same be not paid within 3 months from the date of the transfer of the Department of Transportation’s returns, he will proceed to collect the same by way of sale of the specific pieces or parts of property on which the unpaid sum or sums of money have been assessed, in the manner provided by law for the sale of property for the nonpayment of taxes on real estate situate in Baltimore City. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1889-002; Ord. 1866-026.)

Baltimore City Code, Article 26, § 3-17 Failure to make payments.

§ 3-17. Failure to make payments. (a) Sale of property. If the sums assessed upon the property specified shall not be paid within the time above limited, the Director of Finance is hereby directed to sell the property, or any part thereof, on which such assessment has been laid after the expiration of the time limited in § 3-16 for the payment of said benefits in the manner provided by law for the sale of property for the nonpayment of taxes on real estate situate in Baltimore City. (b) Payments. And the monies so collected by the Director of Finance shall be paid over by him to the Mayor and City Council of Baltimore as other monies are directed to be paid over, to be by it paid to the persons entitled to receive the same. (Ord. 75-945; Ord. 51-1530; Ord. 1889-002.)

Baltimore City Code, Article 26, § 3-18 Assessment as lien.

§ 3-18. Assessment as lien. All sums of money assessed by the Department of Transportation on property deemed by it to be benefitted shall be and continue as liens on each several piece of property so assessed, to the amount of its particular assessment, until paid to the City. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1866-026.)

Baltimore City Code, Article 26, § 3-19 Payment of damages.

§ 3-19. Payment of damages. But no part of any street, square, lane, or alley may be opened on or over the ground of any person or persons or corporation adjudged by the Department of Transportation to be entitled to damages for the opening, without the consent, in writing, of the person or corporation so entitled, until: (1) such damages shall be paid; or (2) the amount thereof held in trust by the Director of Finance for the use of each person or corporation entitled to any part of the compensation for such damages, to the amount of his, her, or their respective right and interest therein, and shall be invested by the Director of Finance in such investments as the Director of Finance is authorized by law to make for City funds, and the income derived from such investments shall be applied by the Director of Finance to the respective amounts due each person or corporation for whom such compensation is held in trust, in proportion that each amount so held in trust bears to the total of such amounts held in trust under this section. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1866-026.)

Baltimore City Code, Article 26, § 3-20 Deposit of books and papers.

§ 3-20. Deposit of books and papers. As soon as the Department of Transportation has completed its work on each street, the Department shall file all related papers and books in the Department, in a manner as to insure a permanent record of the proceedings. (Ord. 15-435; Ord. 75-945; Ord. 51-1530; Ord. 1867-053; Ord. 1866-026.)

Baltimore City Code, Article 26, § 3-21 Offer to convey property.

§ 3-21. Offer to convey property. (a) In general. Whenever the owner or owners of the bed of any existing or proposed street, square, lane, or alley in the City shall offer to convey the same to the City: (1) it shall be the duty of the Mayor to obtain the opinion of the City Solicitor in relation to the title to the property and the legality of the deed or deeds; and (2) if, in the opinion of the Mayor, it will be right and proper and the public good will result therefrom, he is authorized to receive, in the name of the Mayor and City Council of Baltimore, any deed or deeds so offered to the City. (b) Deed endorsements. The written approval of the Director of Transportation and the City Solicitor shall be endorsed on all of the deeds and conveyances before acceptance by the Mayor. (Ord. 15-435; Ord. 08-063; Ord. 76-139; Ord. 48-481; Ord. 1897-073; Ord. 1866-026; Ord. 1859-092.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/26/3Fetched: 10/25/2026