Maryland
How City of Monterey v. Del Monte Dunes at Monterey, Ltd. applies in Maryland: state-specific rules, key cases, and bar exam notes for Constitutional Law — Takings; Civil Rights (§1983); Land Use.
Maryland law adopts a similar framework to the federal analysis for takings claims, focusing on the balancing of public interest against private property rights. The state recognizes both regulatory and physical takings under the Maryland Constitution, paralleling the federal approach established in the 5th Amendment.
In Maryland, a taking occurs when government action goes beyond the limits of what is permissible under state and local ordinances, leading to a loss of economic viability of the property.
Held that a regulatory taking occurs when the government action restricts all economically viable use of the property.
Affirmed that a property owner's right to compensation hinges on the impact of local regulations imposed by the government.
Confirmed that if governmental action substantially deprives property of economically viable use, compensation is warranted under the Maryland Constitution.
Maryland's takings doctrine closely aligns with federal standards, particularly the rational basis test from the U.S. Supreme Court cases. However, Maryland courts may place a stronger emphasis on local zoning laws and community planning as a factor in evaluating claims.
Questions related to takings law are frequently tested on the Maryland bar exam, often in the context of property rights and zoning regulations.