Private Property Rights

     We oppose any legislation that would allow public access to or through private property without permission of the property owner or authorized agent of the owner.’07
     We oppose the imposition of deed restrictions/covenants that prohibit the production of an agricultural commodity on farmland. ’07
     Any government action that diminishes an owner’s right to use his property constitutes a taking of that owner’s property. Therefore, the government should provide due process and compensation to the exact degree that an owner’s right has been diminished. The just basis for compensation must be at least fair market value. ’08
     We support the passage of private property rights protection acts at the federal and state levels.
     We support legislation that would place the burden of land survey disputes upon the party disputing any property lines. ’06
     We urge the state legislature to enact a law to require all land survey companies to notify all owners of agriculturally zoned land that adjoins a property to be surveyed, by certified letter, in advance of the survey and again before a plat is recorded. '03

Eminent Domain
     We believe the recent Supreme Court Kelo decision violates the basic principles and standards for what constitutes a public use and taking of land. We believe that while eminent domain represents a vital function of government that needs to exist in carrying out the public purpose, we do not support the erosion of the standards or tests that each case must meet. We believe government should demonstrate the public purpose for the condemnation of land and then establish a fair and equitable means of compensation. We strongly support passage of legislation by the Maryland General Assembly to prevent the use of eminent domain by local government to take private property and then give it or sell it to the private sector to develop. ’06
     We oppose any taking of private property by a public entity for public purposes without just compensation to the property owner for loss of business revenue as well as for real property. ’06
     If the property taken is zoned for agricultural use, the compensation should be tax-free. ’06
     When private property is taken by government for a public purpose and not used for the purpose taken, there should be a process to first offer the property back to the original landowner or the family of the original landowner before it could be used for a purpose other than for which it was originally acquired. ‘05