Md. R. Prop. Act'n 12-205

As amended through November 13, 2024
Rule 12-205 - Complaint

An action for condemnation shall be commenced by filing a complaint complying with Rules 2-303 through 2-305 and containing:

(a) The names of all persons whose interest in the property is sought to be condemned. If any person is a nonresident or not known, that fact shall be stated. If any person is the unknown heir of a decedent, that person shall be described as the unknown heir of ________________________________________, deceased.
(b) A description of the property sought to be condemned. If the subject matter of the action is real property, the description shall be:
(1) by lot and block or square when an entire lot, block, or square shown on a subdivision map, plat, or record is sought to be condemned, or
(2) by metes and bounds when an entire tract is sought to be condemned, or
(3) by metes and bounds clearly and legibly set forth on a plat showing the area and stating the amount of land sought to be condemned. The plat shall set forth the beginning point for the description, referenced to an existing marker, call, monument, or point outside the area sought to be condemned, in a recorded deed or plat identified by liber and folio. The deed or plat shall be in the chain of title of the property sought to be condemned, but if no marker, call, monument, or point can be found in the chain of title, reference may be made to the chain of title of adjoining property.
(c) A statement of the nature of the interest that the plaintiff seeks to acquire by the proposed condemnation.
(d) A statement of the purpose for which the property is sought to be condemned.
(e) A statement that there is a public necessity for the proposed condemnation.
(f) A statement that the parties are unable to agree or that a defendant is unable to agree because that defendant is unknown or under legal disability.
(g) A statement of the amount of any money paid into court and the date of the payment.
(h) A statement of the date of taking if a taking has occurred.
(i) A request that the property be condemned.

Md. R. Prop. Act'n 12-205

Source: This Rule is derived from former Rule U6.

Adopted June 5, 1996, eff. 1/1/1997.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure U6, revised May 22, 1963, eff. June 1, 1963, amended April 6, 1984, eff. July 1, 1984, related to petitions for condemnation, rescinded June 5, 1996, eff. Jan. 1, 1997.