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Committee authorizes advance condemnation for MD‑355 Clarksburg shared‑use path after staff reports stalled negotiations
Summary
County staff said the MD‑355 Clarksburg shared‑use path requires acquisition of up to 20 parcels; negotiations resolved 11 properties while nine remain, including three unknown‑owner strips. The committee unanimously approved a resolution authorizing advance taking to complete right‑of‑way acquisition.
Montgomery County staff told the Transportation and Environment Committee that the MD‑355 Clarksburg shared‑use path CIP project requires additional right‑of‑way and that the county has been unable to reach negotiated agreements for a subset of parcels.
"There are 20 total parcels of land necessary for DOT to complete this project," said Kenny, a DOT staffer presenting the item. Staff reported successful negotiated purchases for 11 properties and said nine properties remain unresolved, including three strips where ownership records are unclear.
A DOT representative, identified in the packet as Ms. McCray, said the project received federal Surface Transportation Block Grant funds and therefore requires appraisal reviews that comply with federal regulations. She told the committee the county made good‑faith efforts to reach owners, that some owners have ceased communications, one owner seeks compensation roughly $60,000 above appraisals, and another entity holding abutting parcels must resolve corporate standing before a contract can be executed.
Committee members asked about construction disruption and the length of the acquisition and build process; staff said construction is expected to take about one year once property acquisition and final design are complete. "Once the county moves forward with advance taking, property acquisition section continues to negotiate with the property owners, even after filing," McCray said.
Chairman Bryant called for a vote on the resolution to authorize advance taking; the committee voted unanimously to approve the action.
Staff will proceed with appraisals and appraisal reviews required by federal grant conditions and continue outreach and negotiations with remaining owners as the county moves toward right‑of‑way acquisition for the shared‑use path.
