Dear Neighbor:

If you’re reading this, Amtrak plans to dig a tunnel for freight and passenger trains under your home — up to 388 trains running per day.

As homeowners who are also on the alignment for the B&P Tunnel Program, we have spent the last decade waiting for Amtrak to contact us directly about their plans to dig under our homes. We’re not waiting any longer. Today, along with dozens of our neighbors, we started walking the alignment, beginning where we live in Reservoir Hill.

Every resident along the alignment needs to be aware of the basic questions that have yet to be answered, connect with each other over our shared concerns, and be empowered to hold Amtrak accountable.

On October 13th, 2023, the Reservoir Hill Association (RHA), Residents Against the Tunnels (RATT), the Historic Mount Royal Terrace Association, and the Upper Madison-Eutaw Neighborhood Association (UMENA), sent Amtrak a set of basic questions about their plans to route the new B&P Tunnel through our neighborhood. Read the solidarity letter here.

That’s insane. What can I do? We know how you feel.

1. Connect with the others on the alignment and stay informed by joining the B&P Tunnel Google Group, an email-driven message board for residents:

We’ll reach out to the group with updates. Amtrak replied to our letter on November 9th; if they give us any real answers, we’ll let you know. If you’d prefer to put on your sneakers and protest, we’re planning for that, too. Everything will be coordinated through the B&P Tunnel Google Group, so sign up above or send an email to bpwg+subscribe@reservoirhillassociation.org to stay informed.

2. Support the Petition: We’re urging President Biden and the federal government to direct Amtrak to relocate its proposed emergency ventilation facility planned for West Baltimore’s North Avenue — across the street from Dorothy I. Height Elementary School — as a part of the B&P Tunnel Program. Sign here.

3. Speak up with us at the next Amtrak open meeting, in person at New Song Academy from 6-7.30pm on Tuesday, November 14th, and demand that Amtrak answer our basic questions about the project. Details here: https://www.eventbrite.com/e/frederick-douglass-tunnel-program-public-meeting-tickets-748491998717?

4. Consult with legal counsel for more information about subsurface rights and eminent domain. Options include but are not limited to income-restricted representation from Maryland Legal Aid, individual representation from private firms like Miller, Miller & Canby, or filing an individual inquiry about representation for a class-action defense from the Institute for Justice.

FAQs:

Where can I find a comprehensive list of concerns about the project? Residents Against the Tunnels, or RATT, formed in 2015, is a good place to start. Find them online or join the fight at https://www.residentsagainstthetunnels.org.

I’m not against the train. Why should I care? Amtrak’s misleading language and lack of transparency from the beginning of this project until now does not inspire confidence in a company that wants to dig under our fragile, historic homes. Residents on the alignment need to hold Amtrak accountable for executing this project so that it doesn’t negatively impact our homes, neighborhood, and well-being. To do that, we need to pay attention, stay informed, and advocate for ourselves at the city, state, and federal level.

I thought the trains were electric? Only passenger trains will be electric. Diesel-powered freight trains from third-party carriers, like Norfolk Southern and CSX, are a primary source of Amtrak’s revenue. Freight remains a key goal, as per the Record of Decision (ROD) which legally documents the Federal Railroad Administration’s (FRA) decision with regard to the B&P Tunnel Project. In it, freight is mentioned 125 times. The ROD states that “The Selected Alternative consists of four new tracks” and “The Project has been designed not to preclude freight traffic through the tunnels, including double stack freight.” 

Are you sure that my property is included? If you received the flier that linked you to this page, yes—but only because we used Amtrak’s own engineering plans to find your house. Amtrak has not released a complete list of the properties, streets, and alleyways they seek to exploit, despite FIOA requests for this information and direct inquiries from residents and neighborhood groups.

Can Amtrak really take the subsurface rights to my property? Not automatically. Despite Amtrak’s glib claims that they “have eminent domain,” the invocation of eminent domain in a court of law is a lengthy, complex process. It is not a blank check.

What happens next? Amtrak has announced their intent to seek the subsurface rights of property owners along the alignment via contract—a process they refer to as “a courtesy,” without confirming the address of anyone to whom they are referring—and they will be contacting property owners through a third-party representative. They may contact anyone who has an interest in your property, including ground rent leaseholders. Find more about ground rent here.

What can I ask Amtrak for? If they contact you, one of the first things you can do is request copies of the following plans, required under the Record of Decision [ROD]:

1. Construction Noise Mitigation Plan
2. Construction Vibration Mitigation Plan
3. Construction Emissions Reduction Plan   

Amtrak is required under the  ROD to keep us informed about their construction work: “The Selected Alternative will include utilization of public information and feedback methods such as construction-alert publications and complaint hotlines to address issues and keep the public informed. Notifications will include information about construction schedules, road closures, transit service impacts, blasting, and contact information.”

It’s important that we find out how they intend to monitor for noise, vibration and air emissions now. They may try to skate past these requirements with minimal monitoring. If they monitor the way they should and exceed limits, then we can stop them ‘in their tracks’.

What else can I do when Amtrak contacts me? Talk to your immediate neighbors. Arrange to be there for each other when Amtrak calls. Do not speak to Amtrak or their representatives without another person present. Take contemporaneous notes from all conversations with Amtrak’s employees or representatives, noting the time, date, contents of the conversation, and name of the person who spoke to you. Consult legal counsel, if possible, and send any questions to the B&P Google Group. Others in the group may have a similar set of concerns, an expert to recommend, or practical advice. Don’t be afraid to reach out. When we freely share information and resources, we empower each other.

It’s important to find out whether or not the tunnel will devalue your home before accepting any offers. Documentation of potential devaluation can come from two sources: Amtrak’s own admissions about ground-borne noise in the 2016 environmental statement, linked here by RATT and mapped with red triangles, yellow dots, and red squares in Appendix A, or by independently gathering provable scientific evidence from a recognized expert, such as a structural engineer with expertise in historic homes. Amtrak is required by law to provide just compensation for provable devaluation.

Ways to find legal counsel: Though any attorney can legally advise you, eminent domain is a niche specialty. It’s important that you seek out qualified, informed legal counsel who have proven expertise in eminent domain.

1. Income restricted legal aid: If you meet the income guidelines for Maryland Legal Aid, contact them immediately and explain that Amtrak is seeking to contract the subsurface rights of your home for the B&P Tunnel, that you’re unsure of what this project may do to the value of your home, and that you’re seeking legal counsel.

2. Hire an attorney: In any state, there are a limited number of attorneys who do this work on behalf of homeowners. That number is reduced significantly by the conflicts of interest in this case: Any firm that works with Amtrak, the Federal Railway Administration, or any of the third-party consultants on this project will be “conflicted out,” or unable to represent a potential opposing party.

Miller Miller and Canby, in Montgomery County, has explicitly stated they are able to represent homeowners in the B&P Tunnel Project, and have authored a general owner’s guide to eminent domain, though subsurface rights are not fully detailed. Contact them directly for more information and to request a consultation: https://www.millermillercanby.com/practice-area/eminent-domain-lawyer/

Kenny Law Firm in Cockeysville also advertises their ability to work on eminent domain cases. Contact them directly for more information.

3. Contact the Institute for Justice and request their help: The Institute for Justice is a national, nonprofit law firm that seeks to protect property owners from eminent domain abuse, and prioritizes threats to private property. If we are able to show them we are a compelling class action suit that meets their mission, they may be able to help us, but we can only do that by contacting them individually. If you need help filling out the form, please reach out to the B&P Tunnel Google Group. Sign up for the group using the form at the top of this page, or send an email to bpwg+subscribe@reservoirhillassociation.org.

4. Ask your network. If you’re acquainted with anyone who practices law in Maryland or went to law school here, write them an email asking if they can connect you to someone that specializes in eminent domain cases on behalf of property owners in Maryland.

5. When all else fails, check in with the B&P Google Group. HMRTA will keep updating this page with information as we get it, but as we are an all-volunteer neighborhood association in one specific district, the best way to keep up with everyone on the alignment by joining the B&P Google Group. Once you’re a member, you can sent out the bat signal for any request, or search the message board for old posts that might be helpful. Sign up for the group using the form at the top of this page, or send an email to bpwg+subscribe@reservoirhillassociation.org.