(a) Any party to a condemnation case may appeal from a final judgment or determination
in the manner prescribed by the Maryland Rules.
(b) If the final decision on appeal is that the plaintiff is not entitled to condemn
the property, a reasonable counsel fee fixed by the trial court shall be awarded to
counsel for the defendant and charged against the plaintiff together with the other
costs of the case.
(c) Costs on appeal shall be paid as directed by the appellate court.
(d)(1) If the plaintiff desires possession pending appeal, it may make payment of
the award pursuant to Title 12, Chapter 200 of the Maryland Rules. In addition, the plaintiff shall file with the clerk of the court a bond to the
State for the penalty the court prescribes.
(2) The bond shall be conditioned that if the judgment is reversed, the plaintiff
shall pay to the defendant appealing, all damages the plaintiff caused the defendant
by taking possession and using the property before the final determination of the
appeal. The bond shall be executed by the plaintiff together with another surety approved
by the court.
(3) On the payment and filing of the bond, the plaintiff immediately may take possession
of the property of the defendant appealing.
(4) Except as provided in paragraph (5) of this subsection, if, on appeal, the judgment
is affirmed, the bond is discharged. If, on appeal, the judgment is reversed on the right of the plaintiff to condemn,
the plaintiff immediately shall surrender possession of the property of the defendant
and the surety shall be liable to the defendant for all damages which have been occasioned
to the defendant by the plaintiff in taking possession and using the property before
final determination of the appeal.
(5) If the plaintiff is the State or any of its subdivisions or instrumentalities,
a bond is not required.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.