Property Rights in the Shadow of MARL
- Mark Stutzman
- 1 day ago
- 6 min read
Updated: 3 hours ago
The Eminent Domain Negotiations webinar was well attended, with insightful questions directed to attorney Harris Eisenstein. Amid worry, property owners are facing the development of the Mid-Atlantic Resiliency Link (MARL) transmission lines. Eisenstein assured listeners that they have some legal leverage. Joining Eisenstein were Engage Mountain Maryland's Communications Director, Mark Stutzman, and EMM panelists Janelle Harlan and Juliana Glassco.
Before addressing the topic at hand, panelist Janelle Harlan outlined the intervenor process. On January 30, 2026, NextEra Energy submitted its requests for a Certificate of Public Convenience and Necessity (PCNC) to the Public Service Commission (PSC). Should the PSC approve the application, construction of the MARL transmission line would proceed. According to Eisenstein, the PSC will determine whether NextEra Energy has met all the requirements to both build the project and acquire associated property rights by eminent domain.
If Eisenstein's involvement in a similar transmission line project in central Maryland is any guide, it will likely take years for the PSC to reach a conclusion for the MARL line.
The lengthy approval process allows the commission to carefully review the application and gather public comments and submissions from intervenors, which are individuals, groups, nonprofits, or businesses. Intervenor status allows a formal joining of a regulatory proceeding to influence the outcome. Unlike a member of the public who submits comments for consideration, an intervenor becomes a party to the case with legal rights to potentially influence the project's approval, route, or conditions. More information will be forthcoming from EMM to assist anyone who would like to pursue intervenor status. Intervenor applications are due on April 3, 2026.
Panelist Juliana Glassco is personally invested in the MARL. She shared that her family farm lies along the MARL's proposed path, which she is not happy about. This prompted her to contact EMM to see how she could help spread the word and mobilize people around the issue.
Harris Eisenstein opened his comments with his credentials, including his handling of several of Maryland's largest eminent domain and property valuation cases. One of his clients, StopMPRP, is an organization battling the Maryland Piedmont Reliability Project, another transmission line proposal for central Maryland. MPRP and MARL are similar, except that the status of the proposed lines in Western Maryland is about a year behind MPRP, giving opponents of the MARL project a relative crystal ball. What happens in central Maryland, according to Eisenstein, could set a precedent for other Maryland transmission lines in the PJM power grid. The Pennsylvania-New Jersey-Maryland Interconnection is the largest regional transmission organization in the U.S., managing the electric grid, wholesale power markets, and transmission planning across 13 states and Washington, D.C.
"I know no one on this webinar is hoping that the project actually gets built," Eisenstein said, "but if it does get built, there would be a valuation piece. How much compensation would they owe you?"
Valuing property requires many considerations. Farmland with no projected alternative use would be valued differently from land that could be developed or subdivided for profit. In determining a property's value, it may be necessary to obtain expert testimony that can qualify the value determination. This service comes at a cost, as does legal representation.
In the 2025 session in Annapolis, Eisenstein testified in support of legislation introduced by Senators Chris West and Justin Ready to protect private property rights for citizens facing the risk of losing their land to high-voltage transmission lines. The bill failed to pass, but it created momentum for a similar, narrower bill in the 2026 session that would allow property owners to recover legal and expert fees in eminent domain litigation involving transmission line projects. Eisenstein remains optimistic that the bill will become law, particularly given that eminent domain is currently making headlines in Maryland.
Eisenstein outlined what property owners can expect as the MARL project progresses. NextEra Energy will likely send letters to property owners requesting access to their property. Representatives may show up at your door unannounced, requesting that you sign away property access for surveys that are unlimited in both geography and duration.
"They're going to offer very nominal compensation for those rights. Their efforts will be forceful for some. You might even receive those efforts as overbearing. Many of you will probably not consent," added Eisenstein.
A lack of consent will lead to litigation, according to Eisenstein, who currently represents over 200 opponents of the MPRP case, which is on appeal. If the appeal is successful, it will benefit those affected by the MARL and any proposed future powerline projects.
Eisenstein encouraged listeners to be realistic, noting that there is every possibility that some form of the MARL will come to fruition. "Everybody should approach the situation with eyes wide open," he said. "I think all of you ought to be prepared." And, by "prepared," he characterized it as "for the worst case scenario."
If NextEra Energy prevails at the Public Service Commission and legal recourse is exhausted, it would clear the way for NextEra to begin construction and acquire property rights by eminent domain. Eisenstein clarified that approval of the CPCN grants NextEra Energy the authority to acquire the land it needs to construct, on average, 150-foot-tall H-frames that will carry power 107.5 miles from Pennsylvania to Northern Virginia.
Eisenstein said, "They [NextEra Energy] have to pay for the value of your property rights, plus any damage or diminution in value to what remains."
For example, Eisenstein explained that if NextEra Energy requires land through the middle of someone's property, they have to pay for that acquisition down the middle of your property, very likely an easement. Unlike an outright land purchase, which grants the purchaser full legal title and ownership of the property, an easement is non-possessory and grants limited legal rights to use or restrict a portion of land. Bisecting a property could wipe out the entire remaining value for a property owner, according to Eisenstein.
Eisenstein compared the weight of power in the eminent domain negotiations to David versus Goliath. A company the size of NextEra Energy has endless resources devoted to this single issue, and in the interest of doing business, they will most certainly make a low-ball offer, tipping the scales in their favor. Eisenstein said he, his team, his firm, and his stable of experts can rebalance the scales and force Next Era Energy to pay what is justifiably owed to the property owner.
"My clients are regularly faced with the life-altering challenge of someone taking their land, literally taking their land. They didn't ask for the project; they didn't ask for the land to be co-opted to support the project, but I fight for them, and I take great pride in my work," said Eisenstein.
This process can be terrifying for landowners, Eisenstein explained. It can be an unfamiliar experience that clouds your judgment and jeopardizes your rights if you ever find yourself face-to-face with NextEra Energy. His advice is to keep a clear head and not allow them to intimidate you or undervalue what you own. Eisenstein said that's where he and his firm can help by ensuring that property owners receive proper compensation for a life-altering compromise.
Property owners rarely know the impact that building a power line will have until the work begins. Years later, the project is complete, and that acquisition completely disrupts someone's ability to use their farm, land, or home as they once did. It's at that moment that the property owner realizes the land was worth far more than they agreed to. But during negotiations, the newfound money may appear fair and adequate. Eisenstein noted that someone seasoned in negotiations won't be bullied and will consider all factors when valuing land.
Several questions submitted during the webinar were addressed, including fee structures for legal representation, the implausibility that adjacent properties will also receive compensation, how to negotiate the highest value and land use, and why land entered into preservation programs is not immune from eminent domain. Eisenstein noted that NextEra Energy has a thumb on the scale because it has been charged with addressing ever-increasing power demands on PJM's thirteen-state energy grid, primarily driven by data centers processing artificial intelligence. The project's scope extends far beyond Maryland's borders.
Eisenstein remains optimistic they will win at the Fourth Circuit on appeal, thereby prohibiting Public Service Enterprise Group (PSEG) or NextEra from exercising condemnation authority prior to being awarded their CPCN. Survey results are an integral part of the customary applications that the Public Service Commission reviews. Environmental impacts and the many other survey results would no longer be possible without an approved CPCN. Eisenstein says this would obviously be problematic when seeking approval for an application.
"If we win at the Fourth Circuit on appeal, it would be a very good thing for you all, too," said Eisenstein.
In closing the webinar, Eisenstein acknowledged the stress and sleepless nights for vulnerable property owners uncertain about what to do. Although he couldn't make any promises, he hoped he had eased some of the worry by explaining legal strategies for defending one's property rights.
Harris Eisenstein provided a form for interested parties wanting to engage his services.
If you would like to take an active role in opposing the MARL transmission line project or assist in educating the public about it, volunteers are always needed. Send your contact information to engagemountainmaryland@gmail.com.
Comments