Maryland Historical Trust - Arbitration
The bill authorizes either party involved in an unresolved dispute concerning a required application from the Maryland Historical Trust to request arbitration. It stipulates that if arbitration is requested, the involved parties must mutually select an arbitrator, or, in the absence of agreement, an arbitrator will be designated by the American Arbitration Association. The allocation of arbitration fees is mandated to be divided equally between the parties, promoting equity in the resolution process.
House Bill 429, titled 'Maryland Historical Trust – Arbitration', aims to amend the current legislative framework governing the Maryland Historical Trust by introducing arbitration as a method for resolving disputes related to applications for permits, grants, and tax credits associated with changes or alterations to properties under historic easements. This amendment is a significant shift in establishing how conflicts over historic preservation applications are addressed, potentially smoothing the resolution process for involved parties.
While the bill streamlines the dispute resolution process, it raises concerns regarding the finality and binding nature of arbitration outcomes. The bill states that decisions made by the arbitrator are final, with only the option to appeal to the Maryland State Board of Contract Appeals. Critics might argue that this limited scope for appeal might undermine protections for historic properties and raise questions about the fairness of arbitration decisions in cases involving public interests versus private development.