Accused for the second time this year of misusing its turbo-charged condemnation technique to seize private property, Baltimore City defended the practice in Maryland?s highest court Thursday as a last-ditch remedy essential to urban renewal.
Attorney Alan Engel told judges it wasn?t a coincidence that Baltimore City used its “quick take” condemnation to seize the former Chesapeake Restaurant just two weeks before owner Robert Sapero settled on its $2 million sale.
“The city knew it was under contract,” Engel said. “Why was it immediately necessary right after they found out someone was going to buy it?”
Sapero?s is the second quick take case this year to reach the Maryland Court of Appeals, where property owners accused the city of stockpiling properties without firm plans for their use.
Last month, the court overturned the city?s seizure of George Valsamaki?s Magnet bar, one of about 20 properties the city is assembling for the Charles North redevelopment plan.
But city attorney Elva Tillman said the two cases are significantly different.
In the Sapero case, the city has a specific, mayor-approved plan in place that would benefit the public by providing improved housing and retail, she said.
Sapero?s property was the last needed to start the project, she said.
“Mr. Sapero was indeed the hold-out,” Tillman said. “This building is one of the most prominent in the area, it?s adjacent to the historic train station, and it has sat vacant for a very, very long time.”
Tillman said the city tried to negotiate the purchase of the property, then invited Sapero and his prospective buyer to participate in the now-completed bid process.
Central to the arguments is a 2005 Supreme Court decision authorizing private property seizures for economic development only if specific plans are in place. Engel said quick takes require even stricter standards.
At least one judge seemed to agree. Judge Alan Wilner suggested the city is inappropriately using quick take as a litigation tool. He expressed concern the city?s attorneys authorize quick takes without mayoral or council approval.
The court?s ruling is expected in about a month.
