The Use of Eminent Domain for Economic Development in Baltimore, Maryland: Ten Years After Kelo

Elva E. Tillman

While many critics bemoan the use of eminent domain, private development has needed stimulation. In Baltimore, government assemblage of land for redevelopment has spurred economic development. In 1961, the development of the Charles Center marked Baltimore’s rebirth—eminent domain was used to assemble the land for that rebirth. A decade later, acquisition through eminent domain was used in the Inner Harbor project; that project has stimulated worldwide interest. More recently, the City has used eminent domain along with negotiation in the area just east of the Harbor to redevelop the Harbor East community. The city has also relied on eminent domain in neighborhoods adjacent to significant institutions such as Johns Hopkins Hospital in East Baltimore and the University of Maryland Professional Schools in West Baltimore. Around Johns Hopkins Hospital, the East Baltimore Development Initiative (“EBDI”) is spearheading a range of housing development and commercial support facilities projects. Similarly, West Baltimore has a thriving Bio Technology Park consisting of twelve acres on the west side of the University of Maryland’s campus. Once completed, the “BioPark” will include 1.8 million square feet of laboratory and office space in twelve buildings with garage parking and landscaped parks.

Eminent domain, along with negotiation and other acquisition tools, has been an effective approach to revitalizing Baltimore City. The use of eminent domain for economic development makes good economic sense. Redevelopment through eminent domain has increased the City’s tax base and attracted other new, private developments, new residents, and employment opportunities. The Hope VI projects, which involved some eminent domain acquisitions and the redevelopment of the public housing projects such as Pleasant View Gardens (in East Baltimore) and Heritage Crossing and the Townes at the Terraces (in West Baltimore), have revitalized the residential and commercial scene in Baltimore. Baltimore City is working with private developers, and it has used eminent domain to recreate whole neighborhoods.

This Essay provides a review of legislative and judicial responses to Kelo in the State of Maryland during the past ten years. More specifically, the use of eminent domain in Baltimore City has spurred the evolution of such appellate court decisions in the State of Maryland. This Essay also offers some advice to minimize the potential of what critics of eminent domain have characterized as the abusive use of eminent domain.