In 2013, Montgomery County issues Ajay Bhatt, a vocal critic of the Purple Line, a citation for replacing a fence that was 14 feet beyond his property line. Bhatt fought the citation and in January a lower court judge sided with Bhatt on the basis that the county did not prove that the land was a ROW, and that even if it was Bhatt might own it due to adverse possession.
Bhatt is president of Friends of the Capital Crescent Trail, a citizens group that has filed a federal lawsuit against the state plan to run trains along the trail as part of a 16-mile Purple Line connecting Montgomery and Prince George’s counties.
The Circuit Court’s decision in Bhatt’s case overruled that of a District Court judge, who in January 2014 found Bhatt guilty of installing a fence beyond private property and gave him 30 days to remove it.
County lawyers are now appealing that decision.
A final court decision in Bhatt’s favor could further complicate plans to build the light-rail line because the state or county could be forced to legally condemn and buy private land that government officials have long considered to be county-owned.
This would also complicate plans to extend the Capitol Crescent Trail from Bethesda to Silver Spring.
The appeals court is expected to decide in the next couple of months whether it will consider the case or let the Circuit Court ruling in Bhatt’s favor stand.
The county has asked the appeals court to use Bhatt’s case to clarify state law regarding property rights for land previously owned by railroads.... state trial courts “will need direction” when considering the property rights of adjacent landowners who have encroached on the rail alignments.
It would impact more than just this one property
There are about 25 “encroachments” on the trail land intended for a Purple Line, including sheds, garages, retaining walls and decks, according to the Maryland Transit Administration. MTA officials have said that figure does not include fences.
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