City of Baltimore
Baltimore City Code

§ 3-5. Determining damages and benefits.

(a) Determining damages.

Whenever the Mayor and City Council directs the Department of Transportation to lay out, open, extend, widen, straighten, or close up, in whole or in part, any street, square, lane, or alley within the bounds of this City the Department of Transportation, having given the notice required by law of its 1st meeting to execute the same:

(1) shall meet at the time and place mentioned in said notice, and from time to time thereafter, as may be necessary, to exercise the powers and perform the duties required of said Department by said ordinance; and

(2) shall ascertain whether any and what amount of value in damage will thereby be caused to the owner of any right or interest in any ground or improvements within the City of Baltimore, for which, taking into consideration all advantages and disadvantages, such owner ought to be compensated.

(b) Determining benefits.

The said Department, having ascertained the whole amount of damages for which compensation ought to be awarded, as aforesaid, and having added thereto an estimate of the probable amount of expenses which will be incurred by the Department in the performance of the duties required by it, as aforesaid, and also of the expenses incurred by the Mayor and City Council of Baltimore by reason of said proceedings, shall proceed to assess all the ground and improvements within the City, the owners of which, as such, the said Department shall decide and deem to be directly benefitted by accomplishing the object authorized in the ordinance aforesaid.

(c) Benefits less than damages and expenses.

If the direct benefits, assessed as aforesaid, do not equal the damages and expenses incurred, the balance of the expenses and damages shall be paid by the Department of Transportation from funds appropriated.