Normally Obscure Panel Pushed Into the Limelight

If a property owner rejects the state's offer, the state seizes the land and deposits the proposed amount with the county's circuit court. The property review board, whose members are appointed by circuit court judges, then determines a fair price. Either side may appeal the board's decision to a judge or jury.

Hyman Shapiro, chairman of the board and a Rockville lawyer who, at 80, describes himself as the "baby" of the group, said the retirees want to serve their communities. They also have time to attend weekday hearings. Board members use common sense and their life experience as property owners to try to make fair decisions, he said.

While they joke about their age -- "Be gentle, we're old men," Shapiro said after a group interview -- board members say they remain vigorous and sharp. "I've still got young thoughts," Hanson said.

It's not like anyone else is bucking for the job. When Shapiro sought a board opening last year, he was the only applicant. Hall got the position 13 years ago and Hanson seven years ago, after the then-chairman, former Montgomery Circuit Court judge Joseph M. Mathias, asked them to serve. Mathias retired from the panel last year at 93.

Montgomery Circuit Court Administrative Judge Ann S. Harrington said she has received no complaints about the review board.

The panel has continued its work -- and the state has continued buying land -- as a federal judge considers two lawsuits aimed at stopping the $2.4 billion road on environmental grounds. The judge's ruling is expected this week.

Whether it pays to go before the board is debatable, especially for property owners who hire a lawyer or their own appraiser. Such expenses can exceed $10,000. In seven of 21 cases heard since May, the board awarded nothing above the state's offer, according to a Post review. The additional money it did award ranged from $950 to $50,000, court records show. Six property owners have filed a "notice of dissatisfaction" with the board's decision, sending their cases to court, according to court records. No trials have been held.

The Prince George's review board has not begun to hear cases.

State highway officials say the fact that relatively few property owners have ended up before the board -- and even fewer in circuit court -- shows that the state's offers, based on independent appraisals, are reasonable.

Property review boards, established in all Maryland counties, were designed to keep eminent domain cases from crowding the courts. Members are appointed to two-year terms but may serve as long as they wish. They are paid $75 a day by the Maryland Department of Transportation.

Some property owners questioned how they could get a fair hearing from a board paid by the agency they are opposing. "How objective are they?" Simon said.

Shapiro said the transportation agency's payments don't affect the board's work. He compared panel members to judges who are paid by the state.

David Buck, a state highway spokesman, also dismissed any concerns of a conflict, saying "We're not involved" in the review board's decision-making process.

Staff researcher Meg Smith contributed to this report.