Maglev company sues to condemn land

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Eurorapid
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Maglev company sues to condemn land

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Maglev company sues to condemn land planned for Westport development, setting up showdown between projects in South Baltimore

by Colin Campbell, Baltimore Sun
Thu, July 1, 2021, 12:31 AM
The proposed $10 billion, high-speed maglev train between Baltimore and Washington and a major waterfront housing development planned in the city’s Westport neighborhood are hurtling toward a legal showdown: Both would require the same land.

In a legal complaint whose outcome likely will decide which project moves forward, Baltimore-Washington Rapid Rail is seeking to condemn the 43-acre undeveloped property along Kloman Street, across the light rail tracks from the Exelon Generation station.

[...]

The complaint, first reported by the Baltimore Business Journal, was filed June 7, before Sparks-based Stonewall Capital finalized its purchase of the parcel along the Middle Branch of the Patapsco River. The terms of the purchase from Westport Property Investments, a real estate firm of Under Armour founder Kevin Plank, were not disclosed.

[...]

Rogers said the maglev plans have been on the website for a year. The train won’t displace any residents from their homes, he said, unless the Westport development is built.

“It has to stop before some unsuspecting buyer or something buys what they may consider their home, and, all of a sudden, they have a train coming through it,” he said.
Source: https://news.yahoo.com/maglev-company-s ... 00657.html Accessed: 2021-07-02
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Maglev company sues to condemn land

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By Holden Wilen – Reporter, Baltimore Business Journal
Jun 29, 2021, 4:10pm EDT
A mounting legal fight between the company seeking to build a high-speed magnetic levitating train line from Baltimore to Washington and the developer planning to build a waterfront community at Westport threatens the viability of two of the region's most highly touted projects.

[...]

If BWRR is successful in its legal challenge, it would throw the development of Westport into jeopardy. If the rail company fails, it could mean the end of maglev in Maryland.

[...]

The maglev builder has spent the last decade — and about $100 million — planning the project [...].
Source: https://www.bizjournals.com/baltimore/n ... perty.html Accessed: July 4, 2021
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Judge Dismisses Maglev’s Attempt to Condemn Westport Waterfront Development Property

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Baltimore Washington Rapid Rail (BWRR), the organization looking to construct the high-speed Maglev train between Baltimore and Washington, had its attempt to condemn a 43-acre Westport waterfront property dismissed by Baltimore City Circuit Court Judge Kendra Ausby. Developer Ray Jackson of Stonewall Capital has a $500-million, mixed-use development, called One Westport, planned for the property.

Baltimore City Circuit Court Judge Kendra Ausby tossed maglev builder Baltimore Washington Rapid Rail’s attempt [...] because the company did not get necessary approval from the mayor and City Council.

“There is no reason to send the case forward and so the motion to dismiss is granted,” Ausby said.

[...]

BWWR told Baltimore Business Journal it will appeal. Harbor West Collaborative, which opposed the BWWR condemnation, tweeted,”Victory!”

BWWR hopes to build the Baltimore station in Cherry Hill. In Phase Two, BWWR hopes to build a track through part of the Westport property before it tunnels under Downtown. Phase Two would also extend the Maglev to Wilmington, DE and Philadelphia, PA.
Source: Kevin Lynch | August 30, 2021 https://www.southbmore.com/2021/08/30/j ... -property/
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Miss Maglev
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Re: Maglev company sues to condemn land

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A proposed high-speed magnetic levitating train line that would get travelers from Baltimore to Washington, D.C., in 15 minutes has been grounded before it could even get rolling.

Baltimore City Circuit Court Judge Kendra Ausby tossed maglev builder Baltimore Washington Rapid Rail's attempt to condemn property in Wesport because the company did not get necessary approval from the mayor and City Council.

[...]

Ausbry also questioned whether the proposed $10 billion maglev would even qualify as a railroad, meaning the company planning to construct it doesn't have condemnation authority.

[...]

Ray Jackson, principal of Stonewall Capital, praised the court's decision and said he appreciates the support his project has received from Westport community leaders and city officials.

[...]

BWRR CEO Wayne Rogers said in an email said he is "disappointed by the court's decision." BWRR will appeal the ruling, he said.

"We will continue to work hard to bring this critical and needed infrastructure project to Baltimore and the Northeast Corridor," Rogers 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."

[...]

Lisa Hodges-Hiken, executive director of the Westport Community Economic Development Corp., said she and other community members are happy about the ruling.

"This is a fantastic day for Westport," Hodges-Hiken said.

The Westport CEDC strongly opposes the maglev project because it have a disproportionate environmental impact on the majority-Black community.
Source: https://www.bizjournals.com/baltimore/n ... -suit.html accessed: August 30, 2021
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Serious setback for US maglev project

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Serious setback for US maglev project: Land critical for high-speed maglev route in Baltimore-Washington area just became unavailable
After a 30-minute virtual hearing on Aug. 30, Circuit Court Judge Kendra Ausby dismissed the lawsuit, allowing a developer to begin a 1,300-unit apartment and town house project.

[...]

The land that was in question, Westport’s undeveloped waterfront, is needed for two potential maglev routes. Rogers said if the land cannot be obtained for the project, houses might have to be condemned. The railroad company is in the process of submitting an environmental impact statement to the Federal Railroad Administration, but the agency is not expected to make a decision until next year. Baltimore, however, has asked the federal government not to approve the maglev route, and under state public utilities law the city’s consent is required.
Source: https://www.rtands.com/passenger/land-c ... available/ by Bill Wilson. Accessed: 2021-09-01
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Prospects for building a maglev

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The maglev promoter didn’t actually have the money to buy the land in question, but it wanted to halt a developer from building a mixed-use development on the property, which would have made condemnation a lot more expensive when and if it has the power and money to do so. The judge said that the company’s argument contained “a lot of factual inaccuracies.”

The prospects for building a maglev in the corridor have been further hurt by announcements from local officials such as >Baltimore Mayor Brandon Scott and >Prince George’s County executive Angela Alsobrooks that they oppose the project. The mayor’s office suggested that, since the Senate just authorized $2.4 billion to improve the Northeast Corridor, it would be foolish to back a project that threatened to take customers away from Amtrak.

Meanwhile, 1,200 miles away, the Texas Central — which has been granted power of eminent domain by Texas courts — has >admitted that it will not be able to build its proposed Dallas-Houston high-speed rail line unless Congress passes an infrastructure bill that give the Federal Railroad Administration the authority to loan the high-speed rail promoter $12 billion. The railroad had previously claimed that it would be able to finance the project solely with private money.
Source: https://www.newgeography.com/content/00 ... fe-support Accessed: 2021-09-15
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Maglev builder, Westport developer forge ahead with plans as court appeal looms

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Maglev builder, Westport developer forge ahead with plans as court appeal looms
By Holden Wilen – Reporter, Baltimore Business Journal
Monkton-based Stonewall Capital owns 43 acres of waterfront property off Kloman Street and is planning a major redevelopment that will add 1,500 new residential units, public green space and commercial and retail starts to the area. Baltimore Washington Rapid Rail (BWRR), a company that wants to build a high-speed magnetic levitating train line that would get travelers from Baltimore to Washington, D.C., in 15 minutes, claims it needs the land for the proposed route.

BWRR filed a lawsuit last year seeking to acquire the Westport property through condemnation. Baltimore City Circuit Court Judge Kendra Ausby dismissed the case in August, ruling BWRR did not obtain the necessary approval from the mayor and City Council. BWRR claims it has condemnation power through a railroad franchise it acquired in 2015 and appealed the ruling. A panel of judges from the Court of Special Appeals will hear oral arguments on Feb. 1.

The future of both projects lies in the balance. The Court of Special Appeals could decide to overrule the prior decision and remand the case back to the Circuit Court. If the appeal fails, then it would be another nail in the coffin for the long-conceived maglev project.

[...]

Despite an uncertain future, BWRR is still proceeding with the controversial maglev. BWRR touts the maglev as a solution to the region's traffic congestion problems that also helps address climate change. An environmental impact study released about a year ago estimated the project would create 161,000 to 195,000 jobs during a seven-year construction period and support hundreds more annually after completion.

[...]
Source: https://www.bizjournals.com/baltimore/n ... -date.html Accessed: 2022-01-26
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Re: Maglev company sues to condemn land

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The Maryland Court of Special Appeals heard arguments on Tuesday over whether the developer of a high-speed magnetic levitation train line that would run from Baltimore to Washington, D.C., has the power to condemn land in Westport.

The court’s decision will have a paramount effect on the future of two dueling projects and the South Baltimore community that will be impacted by them. Monkton-based Stonewall Capital owns 43 acres of waterfront property off Kloman Street and is planning a major redevelopment of the area. Baltimore Washington Rapid Rail (BWRR), the company that wants to build the maglev, claims it needs the land for the proposed route and sees a station in Westport as the anchor of a new transit-oriented development.

At the heart of the matter is a question over whether BWRR has land condemnation power. Baltimore City Circuit Court Judge Kendra Ausby dismissed the case in August, ruling BWRR did not obtain the necessary approval from the mayor and City Council. BWRR appealed, setting up Tuesday's hearing in front of the three-judge panel.

[...]


Ingerman also addressed an underlying question about whether the maglev actually constitutes a "railroad." Ausby did not rule on the matter, but hinted that she does not believe the maglev is actually a train since it would not run on rails.

The maglev project is regulated by the Federal Railroad Administration and the Surface Transportation Board, Ingerman said. He also said the PSC's approval of the transfer of the railroad franchise in 2015 should "be the end of the word" on the issue.

"The fact that we don't have steel rails with steel wheels on top of them does not mean we are not a railroad," Ingerman said. "It would be a terrible thing for Maryland to send a message to business innovators that if you are not an 18th-century railroad, then you don't qualify as a railroad franchise."

The next step is for the Court of Special Appeals to issue an opinion. No timeline has been set for when an opinion come could, and whichever side loses will almost surely appeal to Maryland's highest court.
Source: https://www.bizjournals.com/baltimore/n ... ments.html Accessed 2022-02-01
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[US] Court rules in favor of maglev builder

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A high-speed magnetic levitation train line that would run from Baltimore to Washington, D.C., remains a possibility after the company planning to build the project won an appeal in its case seeking to condemn land in Westport.

Maryland's Court of Special Appeals, the state's second-highest court, ruled Friday that a lower court judge erred in her decision to dismiss a condemnation case that would have put plans for a maglev train line in jeopardy. The case now goes back to the Baltimore City Circuit Court for further proceedings.
[...]
Wayne Rogers, CEO of BWRR, praised the court's ruling and said it helps move the maglev closer to reality.
Source: https://www.bizjournals.com/baltimore/n ... aglev.html Accessed: 2022-03-06
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