RULE 12-211. ABANDONMENT
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 12-211
RULE 12-211. ABANDONMENT
(a) Method. A plaintiff may abandon an action for condemnation only by filing a written election to abandon it. A copy of the election shall be served as provided in Rule 1-321 upon each defendant over whom the court has obtained personal jurisdiction, and as the court may direct upon each other defendant.
(3) if an appeal was taken, more than 120 days after the receipt by the clerk of the lower court of a mandate of the Appellate Court or, if the Supreme Court assumes jurisdiction, of the Supreme Court evidencing (A) the dismissal of the appeal by the Court, (B) the affirmance of the judgment, (C) the entry of judgment pursuant to Rule 8-604 (e), or (D) the modification of the judgment without the award of a new trial. For purposes of this subsection, an appeal taken by the plaintiff that is stricken pursuant to Rule 8-203 or voluntarily dismissed shall be treated as if not taken, and the time allowed for abandonment shall be determined in accordance with subsections (b)(1) and (b)(2) of this Rule.
(c) Effect. The filing of the election shall reduce any money judgment entered in the civil action to a judgment for costs only, and the clerk shall make entries on the docket and judgment record necessary to reflect this effect. The filing of the election shall also annul any inquisition returned and any judgment entered in the action, to the extent that the inquisition or judgment affects the title of any defendant to the property that was sought to be condemned, and the clerk of any court where the inquisition has been recorded among the land records shall make a notation in the land records, in the same manner in which a release of a lien instrument is recorded, that the action has been abandoned.
(d) Recovery of Expenses. Upon the abandonment of an action for condemnation, the defendant is entitled to recover from the plaintiff the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding. If the parties agree on an amount, they shall file with the clerk statement of their agreement. If the parties cannot agree, the court shall determine the amount on motion of either party. The clerk shall enter the amount agreed upon or determined by the court as a part of the costs.
Cross reference: See Code, Real Property Article, § 12-109 relating to abandonment generally. See also Code, Real Property Article, § 12-102 as to when a “taking” occurs.
Source: This Rule is derived from former Rule U26.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 12-211, MD R PROP ACT Rule 12-211
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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