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RULE 12-205. COMPLAINT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 200. Condemnation
MD Rules, Rule 12-205
RULE 12-205. COMPLAINT
Currentness
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.
Source: This Rule is derived from former Rule U6.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]
MD Rules, Rule 12-205, MD R PROP ACT Rule 12-205
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document