Real Property - Dedication - Roads
HB0335 creates a new rule in Maryland real property law for private roads that have been open to public travel for 20 years or more. Under the bill, such a road is deemed to have been offered for dedication to public use. The bill also provides that the offer is deemed accepted by the State, a county, or a municipality if that government entity has provided maintenance or repair to the road in the same manner as a public road before or after the offer.
The bill further prohibits counties and municipalities from adopting or enforcing local laws, ordinances, or regulations that conflict with this new dedication framework. At the same time, it states that the section does not eliminate or restrict other legal methods for offering or accepting dedication of private land to public use that may already exist under Maryland law. The act would take effect October 1, 2026.
HB0335 would add a new section to the Real Property Article, Section 14-134, establishing a statutory presumption that long-used private roads may be treated as dedicated to public use and accepted through government maintenance or repair. This could affect property owners, local governments, and residents who use or maintain private roads, especially in disputes over whether a road has become public by use and governmental conduct. It also limits local governments’ ability to adopt conflicting rules, while preserving other common-law or statutory dedication doctrines.
Based on the bill text and available context, the measure appears aimed at clarifying and standardizing how private roads become public through long-term public use and government maintenance. There is no recorded committee testimony or vote history in the provided material, so no direct support or opposition is documented here. The bill’s structure suggests a policy preference for certainty in road dedication disputes and for recognizing roads that have effectively functioned as public roads over time.
The main point of contention is likely to be whether a private road should be deemed dedicated to public use based solely on 20 years of public travel and government maintenance, which could raise concerns for private landowners about loss of control or unintended public rights. Local governments may also be concerned about the mandate’s effect on their discretion and liability when maintaining roads that are not formally public. On the other hand, supporters would likely emphasize clarity, fairness, and the need to recognize roads that have been treated as public in practice.