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House rejects amendment to block eminent domain for transmission lines; Senate Bill 399 passes after debate over wildlands
Summary
Delegates debated an amendment that would have barred eminent domain for overhead transmission lines through wildland areas; the amendment failed and Senate Bill 399 passed on third reading following arguments about property rights, energy mandates and required mitigation.
A measure regulating overhead transmission lines and wildland impacts (Senate Bill 399) cleared the Maryland House after floor debate and a failed amendment that would have restricted eminent domain for transmission‑line construction.
The amendment’s sponsor moved to prevent use of eminent domain for construction or maintenance of transmission lines in designated wildland areas, saying it would protect family farms and long‑held properties from forced takings. "If we have infrastructure needs, we shouldn't be taking private property," the sponsor said during floor debate.
Opponents of the amendment—including the committee vice chair and other delegates—urged rejection. They argued the state cannot broadly forfeit eminent domain for certain infrastructure needs and noted the underlying bill includes mitigation requirements if wildlands are affected. "This project doesn't use any eminent domain within it in most cases," a committee vice chair said on the floor, and the bill requires that lost wildlands be replaced at twice the acreage and placed under conservation management plans when replacement is needed.
Critics of the bill overall warned that strict state energy mandates and regional transmission needs have driven proposals to route lines through parts of Maryland. One delegate called the measure "one of the saddest bills of the session" and argued that high energy mandates would compel transmission development that could damage wildlands that "have not historically been touched in probably thousands of years." Supporters of the bill said it includes stronger protections and replacement requirements for any wildlands affected and stressed Maryland's participation in a multi‑state electric grid.
The House held a roll call after debate. The amendment to prohibit eminent domain for the construction or maintenance of transmission lines failed. Senate Bill 399 then passed on third reading and final passage; the recorded tally on the floor for SB 399 was 109 votes in the affirmative.
Key floor language noted that the bill requires developers who impact designated wildland acreage to replace affected acreage at a minimum ratio (the conference floor cited a twice‑for‑one replacement), and to enter into land conservation management plans for conserved replacement acreage.
The Senate Bill now proceeds to enrollment and to the governor for his consideration. Its passage follows a broader legislative discussion across the session about balancing energy goals, environmental protection and private‑property rights.
Votes Senate Bill 399 (natural resources; overhead transmission lines and wildland areas) — amendment to prohibit eminent domain: failed (roll call); final passage: passed (109 yes).
Sources: Floor debate and amendment proceedings, March 22, 2025 (House floor).
