A Maryland judge has dismissed a lawsuit that sought to condemn 43 acres of undeveloped land in South Baltimore for use by a D.C.-to-Baltimore high-speed maglev train.
The ruling Monday in the eminent domain case presents the latest setback for developer Baltimore Washington Rapid Rail, which wants the property to advance a plan to build a $14 billion train line that would take passengers between the two cities in 15 minutes.
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BWRR earlier this summer filed the lawsuit against property owner Stonewall Capital LLC to secure land in the Westport neighborhood near the site where it wants to build the terminal. Baltimore City Circuit Court Judge Kendra Ausby granted Stonewall Capital’s motion to dismiss, questioning BWRR’s authority to acquire the property for public use through eminent domain while noting Maryland law requires the company to get consent from the city to condemn property.
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BWRR spokesman Sebastian Warren said the company is “disappointed by the court’s decision” and will appeal. He said the company, as a railroad, believes it has authority to seek condemnation of property for public use.
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“Filing this condemnation was a last resort that we sincerely wish we did not have to pursue,” Warren said in an email. “The maglev project is a significantly less intensive development of the site than the proposed high-density housing project.”
The 40-mile superconducting system for the magnetic-levitation train would be the first leg of a rail system that would carry passengers between Washington and New York in an hour. The Federal Railroad Administration is nearing completion of a review that could lead to tunneling as early as next year. If approved, the maglev could be operational by 2030.
As the federal review wraps up, BWRR and sister company Northeast Maglev are moving ahead to secure land and right of way along the route.
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The Westport property is critical for the project and would be part of a station complex in South Baltimore. The site is near Cherry Hill, where BWRR wants to build the line’s terminus. A Camden Yards site also has been identified in the project’s environmental review.
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The property was under contract at the time the suit was filed in June and has since sold for $13 million to Stonewall affiliate Westport Capital Development, according to court documents. The owner plans to develop the site into a waterfront destination, with 1,300 housing units, retail, offices, restaurants and a waterfront park.
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In its motion to dismiss, Stonewall Capital questioned BWRR’s authority to use eminent domain or initiate a condemnation.
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“We did not believe that they had the rights to file a condemnation case and the judge was very prudent to rule correctly that they don’t have the right to condemn property,” said Ray Jackson, managing partner at Stonewall Capital. “I’m appreciative of the judge’s ruling. It allows us to continue with the development of the property as we had originally planned it.”
Jackson said his company entered an agreement to purchase the 43 acres a year ago to develop it into a mixed-use community.
Officials with the maglev project said they knew in 2016 they would need the property, although it’s unclear why they didn’t purchase the land from the original owner. According to Stonewall’s motion, BWRR had recently tried to purchase the land while it was under contract.
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Westport, a community of about 300 homes and a light-rail station, is planned as a transit-oriented waterfront community, Jackson said. Stonewall Capital plans to keep 14 of the 43 acres as parkland to provide waterfront access to the community.
Ausby’s ruling was welcomed by opponents of the train project, including residents and elected leaders who see the decision as a first step toward stopping the line’s construction.
“They claimed that it was in the public interest to take this land and use it for a boondoggle,” Greenbelt Mayor Colin Byrd said Tuesday. “Fortunately, the judge saw fit to not only reject that, but dismiss it outright.”
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Multiple towns and federal agencies on the project’s path have voiced concern or opposition about the project, which is expected to cost between $13.8 billion and $16.8 billion, depending on the alignment. The project is led by private investors, but proponents say they will seek federal loans and grants.
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The nonprofit Westport Community Economic Development Corp. also filed a statement of support for dismissal, arguing the community has prioritized development at the site. The maglev project, the group said in its brief, “would carve up the Westport neighborhood, placing a barrier between the waterfront and our residents making any future development of the parcels inaccessible.”
The group also cited environmental justice concerns, saying condemnation “would set a devastating precedent for our predominantly African American communities and would undermine our efforts to overcome decades of racist urban infrastructure policy.”
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Baltimore City recently asked the FRA not to approve the project, citing concerns about equity and effects on the environment. The District is urging federal officials to modify key aspects of the plan before deciding whether to support it.
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Warren, the BWRR spokesman, said the company wants transit‐oriented development built in conjunction with a maglev station in South Baltimore. He said the project would support jobs and investments totaling about $1 billion on the property.
“We will continue to work hard to bring this critical and needed infrastructure project to Baltimore and the Northeast Corridor,” he said. “In addition, we will continue to partner with community leaders to help us bring the many benefits of true high-speed transportation to the region, all while creating jobs, battling climate change and providing opportunities for diversity, equity and inclusion.”