National Railroad Passenger Corporation (Amtrak) v. .026 Acres More or Less of Land on and below a horizontal subterranean plane located below 1653 West North Avenue in Baltimore City, Maryland 21217 et al

OCR transcription for search; preserved printed pages are authoritative

Case 1:26-cv-03744-JKB Document13 Filed 10/14/26 Page 1of6

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

NATIONAL RAILROAD PASSENGER *

CORPORATION (AMTRAK),
*
Plaintiff,
. . *
vy. CIVIL NO. JKB-26-3744
*
.026 ACRES MORE OR LESS OF LAND,
et al., *
Defendants. *
*
*
* * * * *e * ve * * * * *

MEMORANDUM AND ORDER

Plaintiff National Railroad Passenger Corporation, also known as Amtrak, filed a
Complaint for Condemnation and Request for Possession. (ECF No. 1.) . Currently pending before
the Court is Amtrak’s Motion to Deposit Estimate of Just Compensation. (ECF No. 10.) The
Court will grant the Motion and direct Amtrak to file a status report.

I. Background
In its Complaint, Amtrak explains that:

[PJursuant to authority provided by 49 U.S.C. § 24311 and in compliance with
Federal Rule of Civil Procedure 71.1, [Amtrak]~ files this Complaint for
Condemnation to acquire, in fee, subterranean land interests on and below a
subterranean horizontal plane, as further set forth below, with the subterranean
elevation referenced to the North American Vertical Datum of 1988 (NAVD 88),
and extending to an unlimited depth (hereinafter, collectively, the “Subject Property
Interests”). The Subject Property Interests being acquired do not include the surface
improvements (if any), the land above the subterranean horizontal plane as
described in more detail hereinafter, or any ground rent interest in the surface
‘ improvements (if any) or to the land above the subterranean horizontal plane. The
Subject Property Interests are below the following addresses: (1) 1653 West North
Avenue, Baltimore City, Maryland 21217 (the “First Subject Property Interest”);

1

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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(2) 1659 West North Avenue, Baltimore City, Maryland 21217 (the “Second
Subject Property Interest”); and (3) 1677 West North Avenue, Baltimore City,
Maryland 21217 (the “Third Subject Property Interest”),

(ECF No. 1 at 8.)

Amtrak explains that it “must acquire the Subject Property Interests for the Baltimore and

Potomac (‘B&P’) Tunnel Replacement Program (the ‘Program’).” (/d@. 2.) Amtrak explains that
it “seeks to acquire subterranean real estate rights, required for the construction and operation of
‘the tunnel tubes themselves.” dd. § 6.) It further explains that “[t]he acquisition of the
subterranean rights and subsequent construction and operation of the tunnel will not affect the
property owners’ surface level rights or the use thereof because operational noise and vibration
control measures, as well as noise attenuation measures are anticipated.” (/d. | 7.)

In its Complaint, Amtrak describes the Subject Property Interests and the Defendants that
may have an interest in the Subject Property Interests. Ud. J] 8-11, 13-30.) Amtrak details its
unsuccessful efforts to obtain the Subject Property Interests by contract with the owners or others
that have an interest in the Subject Property Interests. (/d. J] 43-45 (First Subject Property
Interest); id {| 49-50 (Second Subject Property Interest); id. J] 54-56 (Third Subject Property
Interest).) Amtrak also explains that it obtained from a certified independent real estate appraiser
a valuation of the estimated just compensation” for cach Subject Property Interest. (id. | 42
($4,000 for the First Subject Property Interest); id. 1 48 ($4,500 for the Second Subject Property
Interest); id. | 53 ($4,000 for the Third Subject Property Interest).)

Amtrak explains that it “needs the Subject Property Interests so that improvements can be
made without delay.” Ud 4 39) It seeks, inter alia, (1) “possession of the Subject Property

Interests to comply with strict tunnel construction schedules” and (2) “that the Court determine the

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time and terms under which possession of the Subject Property Interests will be given to Amtrak.”
(id. §f 60-61.) |

In addition to the Complaint, Amtrak filed Notices of Condemnation (ECF Nos. 3—5);
Declarations of Taking (ECF No. 7-9); and the pending Motion to Deposit Estimate of Just
Compensation (ECF No. 10). | |

Dl 49 USC. § 24311

Pursuant to 49 U.S.C. § 24311(a), “Amtrak may acquire by eminent domain . . . interests
in property” that are “necessary for intercity rail passenger transportation[.]” It “may exercise the
power of eminent domain only if it cannot (A) acquire the interest in the property by contract; or
(B) agree with the owner on the purchase price for the interest.” Jd. The Fourth Circuit has
explained that there are two methods of exercising the power of eminent domain: “straight
condemnation” (where just compensation and final judgment are determined prior to the ©
condemnor’s possession) and “quick take” (where the condemnor may take possession at the
beginning of the case). E. Tenn. Nat. Gas Co. v. Sage, 361 F.3d 808, 821 (4th Cir, 2004). 49
U.S.C. § 24311 is a quick take statute. |

Title to a property vests in Amtrak by operation of law once two steps are accomplished:
(1) Amtrak files a declaration as required by § 24311(b)(1) and (2) Amtrak makes a deposit of an
ammount of money estimated to be just compensation. See 49 U.S.C. § 24311(b)(1) An interest
is condemned and taken by Amtrak for its use when a declaration of taking is filed under this
subsection and an amount of money estimated in the declaration to be just compensation for the
interest is deposited in the court.”); id. § 24311(b)(2) (“When the declaration is filed and the
deposit is made under paragraph (1) of this subsection, title to the property vests in Amtrak in fee

simple absolute or in the lesser interest shown in the declaration, and the right to the money vests

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in the person entitled to the money.”). Next, “the court may decide (A) the time by which, and the
terms under which, possession of the property is given to Amtrak; ‘and (B) the disposition of
outstanding charges related to the property.” Id. § 24311(b)(2). “After a hearing, the court shall
make a finding on the amount that is just compensation for the interest in the property and enter
judgment awarding that amount and interest on it.” fd. § 24311(b)(3). |

Ti Anatysis

In its Motion to Deposit Estimate of Just Compensation, Amtrak seeks to deposit the
following amounts: $4,000 for the First Subject Property Interest; $4,500 for the Second Subject
Property Interest; and $4,000 for the Third Subject Property Interest. (ECF No. 10.) This is the
proper procedure. See Fed. R. Civ. P. 71.1()(1) (providing that, in a condemnation action, “It]he
plaintiff must deposit with the court any money required by law as a condition to the exercise of
eminent domain and may make a deposit when allowed by statute”); 49 US.C. § 24311(b)(1)
(providing that “an interest is condemned and taken by Amtrak for its use when a declaration of
taking is filed... and an amount of money estimated in the declaration to be just compensation
for the interest is deposited in the court”). Accordingly, Amtrak’s Motion will be granted.

Because Amtrak has filed the declarations required by 49 U.S.C. § 24311(b)(1), once it
makes a deposit of the amount of money it has estimated to be just compensation, title to the
Subject Property Interests will vest in Amtrak. Jd. § 24311(b)(2).

While the Court appreciates that Amtrak seeks possession of the Subject Property Interests,
the Court does not at this time set “the time by which, and the terms under which, possession of
the property is given to Amtrak” or “the disposition of outstanding charges related to the property.”
See 49 U.S.C. § 24311(b\(2). The Court plans to follow the course it has taken in related

condemnation cases (see, e.g., JKB-23-2158, JKB-24-0046, JKB-24-0408, JKB-24-0440, JKB-

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24-0475, JKB-24-0567) and expects to entertain any motions for possession of the Subject

Property Interests only after service has been accomplished pursuant to Federal Rule of Civil

Procedure 71.1(d)}(3). The Fourth Circuit has advised that “the government takes possession of

the condemned property as a matter of course, unless the landowner or occupant demonstrates

some undue hardship that warrants a delay.” E. Tenn. Nat. Gas Co., 361 F.3d at 825. While the

Court expects to grant possession of the property to Amtrak after it has effected service upon the

Defendants, the Court is unable to assess hardship to the Defendants if they have not first been

served and provided an opportunity to answer.

IV. Conclusion

For the foregoing reasons, it is ORDERED that:

if

Amtrak’s Motion to Deposit Estimate of Just Compensation (ECF No. 10) is

GRANTED.

. The Clerk SHALL ACCEPT the deposit tendered by Amtrak in the following amounts:

$4,000 for the First Subject Property Interest; $4,500 for the Second Subject Property

Interest; and $4,000 for the Third Subject Property Interest.

. The Clerk SHALL DEPOSIT these funds into an interest-bearing account under the

terms and conditions set forth in Federal Rule of Civil Procedure 67 and this Court’s
Standing Order of January 25, 2017.

Amtrak is DIRECTED to effect service upon all Defendants in accordance with Federal
Rule of Civil Procedure 71.1. |

Amtrak SHALL FILE a status report when service is effected upon all Defendants. To

the extent service is not effected by December 21, 2026, Amtrak SHALL FILE a status

- report by that date detailing the status of service to the Defendants.

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DATED this (Fay of October, 2026.

BY THE COURT:

LD com (2dr

James K. Bredar
United States District Judge