11,697

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same and that this language would permit the General

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Assembly to provide that use for agricultural purposes was

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one of the criteria for determining the exclusion and that

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zoning would not necessarily control. I think he stated

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that twice.

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Delegate Clagett.

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DELEGATE CLAGETT: Mr, Chairman, I think we are

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close, but we are not quite at the point yet. I want to be

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sure by the use of the phraseology "agricultural property,"

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bona fide agricultural use is not excluded and cannot be

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excluded by the mere zoning of the property.

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THE PRESIDENT: I think that the chairman of the

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committee has made that clear but you can ask him again.

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Delegate Sherbow, did you understand the last

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comment?

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DELEGATE SHERBOW: Yes, and I agree with your

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definition and what you said. I made it as clear as I know

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how. If they pass a law and say that the only criterion is

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the way it is zoned, then I would say you have a case on your

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hands for the Court of Appeals to determine whether that is

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reasonable. I can't answer what would happen if the