Legal Opinion

Andersons v. Great Bay Solar

Court of Special Appeals of Maryland

Decided December 18, 2019No. 2387/18PublishedCited by 2 opinions

1Opinion of the Court

Andersons v. Great Bay Solar, LLC, et al., No. 2387, September Term, 2018. Opinion by Graeff, J. PROPERTY — OWNERSHIP — PUBLIC HIGHWAYS In the case of an ordinary highway, the general rule is that, absent evidence to the contrary, the public acquires only an easement of passage, and the adjacent landowner, subject to this easement, owns the land below the surface of the road. When a municipality acquires an easement of passage on a public street, however, it acquires the right to improve and maintain the road. Additionally, when land abutting a road is transferred, there is a presumption that…

2Cases cited59 opinions

  1. Food Fair Stores, Inc. v. BlumbergCourt of Appeals of Maryland · 1964
  2. State Center, LLC v. Lexington Charles Ltd. PartnershipCourt of Appeals of Maryland · 2014
  3. Knill v. KnillCourt of Appeals of Maryland · 1986
  4. Chevy Chase Land Co. v. United StatesCourt of Appeals of Maryland · 1999
  5. Smith v. ShiebeckCourt of Appeals of Maryland · 1942

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3Cited by2 opinions

  1. Cty. Comm'rs, St. Mary's Cty. v. AikenCourt of Appeals of Maryland · 2023
  2. Bodeau v. StateCourt of Special Appeals of Maryland · 2020

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