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MARYLAND PORT ADMIN. v. QC CORP.

No. 119, September Term, 1986.

310 Md. 379 (1987)

529 A.2d 829

MARYLAND PORT ADMINISTRATION, ET AL. v. QC CORPORATION.

Court of Appeals of Maryland.

Motion for Reconsideration Denied October 5, 1987.

Attorney(s) appearing for the Case

Ralph S. Tyler, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., Andrew H. Baida, Tracy V. Drake, Asst. Atty. Gen. and Janice G. Salzman, Sp. Asst. Atty. Gen., on the brief), Baltimore, for appellant.

Richard A. Reid (C. Larry Hofmeister, Jr., Keith R. Truffer and Royston, Mueller, McLean & Reid, on the brief), Towson, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.

RODOWSKY, Judge.

Maryland Constitution, Art. III, § 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...

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