Legal Opinion

Maryland Port Administration v. QC Corp.

Court of Appeals of Maryland

Decided August 21, 1987No. 119, September Term, 1986PublishedCited by 17 opinions

1Opinion of the Court

RODOWSKY, Judge.

Maryland Constitution, Art. Ill, § 40 prohibits the General Assembly from enacting any law “authorizing private property, to be taken for public use, without just compensation____” Taking private property for public use without compensation is also barred by the Fifth Amendment to the United States Constitution. This case involves whether, by operating a hazardous waste disposal facility on its own land, the State of Maryland has taken adjacent leasehold property of the plaintiff. The Court of Special Appeals concluded that there was sufficient evidence from which a jury could…

2Cases cited27 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. United States v. CausbySupreme Court of the United States · 1946
  4. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  5. Transportation Co. v. ChicagoSupreme Court of the United States · 1879

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3Cited by17 opinions

  1. Litz v. Maryland Department of the EnvironmentCourt of Appeals of Maryland · 2013
  2. Maryland Aggregates Ass'n v. StateCourt of Appeals of Maryland · 1995
  3. Washington Suburban Sanitary Commission v. Cae-Link Corp.Court of Appeals of Maryland · 1993
  4. Nicholson Air v. Board of County Commissioners of Allegany CountyCourt of Special Appeals of Maryland · 1998
  5. City of Annapolis v. WatermanCourt of Appeals of Maryland · 2000

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