Update on Highway 410 Negotiations

Last fall there was much debate and community outcry against reassigning ownership of Highway 410 to the State Highway Administration (SHA). The SHA has now proposed to resolve the issue by asking that the City "(a) give a 'prescriptive easement' in City-owned segments of the roadbed of Maryland 410 to SHA; and (b) give a 'right of entry' to SHA in the City’s right-of-way along MD 410 for 'necessary' work.

The City Council meets in closed session on Monday, May 23, to consider SHA's proposal with city attorney Sue Silber.

Meanwhile, Historic Takoma has asked Michele Rosenfeld, our legal counsel who spoke on our behalf last fall, for a legal analysis of the SHA offer.

She concluded:

"In summary, a prescriptive easement is unnecessary to achieve the mutual goals of the City and SHA of a properly maintained road. If the City grants a prescriptive easement to SHA, the City will lose the control that it now has over road and right-of-way improvements. The specific operational terms proposed in the SHA Proposal substantially erode City influence over the scope and nature of future road and right-of-way improvements.

Alternatively, the City and SHA can enter into a contractual agreement that gives SHA permission to undertake road repairs and maintenance subject to City review and approval, which will both leave the City’s current ownership of MD 410 intact and retain the City’s ability to protect its interest in the final design and construction of improvements to the road and adjoining right-of-way."

Historic Takoma will continue to monitor the situation and provide updates as necessary.

Below are links to the full text of the relevant documents:

• SHA proposal
• Legal Analysis