WILLIAM DONALD SCHAEFER, Governor Ch. 388

PAYMENTS TO OR ON BEHALF OF THE APPLICANT, WHEN NEEDED, FOR
THE APPROVED PROJECT.

(C) THE BOARD OF PUBLIC WORKS MAY ADOPT REGULATIONS TO
IMPLEMENT THIS SECTION.

24-606.

(A) IF, WITHIN 30 YEARS AFTER COMPLETION OF A PROJECT, A
PROPERTY WITH RESPECT TO WHICH FUNDS HAVE BEEN PAID UNDER
THIS SUBTITLE IS SOLD OR TRANSFERRED TO ANY PERSON, AGENCY, OR
ORGANIZATION THAT WOULD NOT QUALIFY AS AN APPLICANT UNDER
THIS SUBTITLE, OR THAT IS NOT APPROVED AS A TRANSFEREE BY THE
BOARD OF PUBLIC WORKS, OF OR IF, WITHIN THE SAME PERIOD, THE
PROPERTY CEASES TO BE A "FACILITY" AS DEFINED IN THIS SUBTITLE,
THEN THE STATE MAY RECOVER FROM EITHER THE TRANSFEROR OR
TRANSFEREE OR, IN THE CASE OF A PROPERTY THAT HAS CEASED TO BE
A "FACILITY" AS DEFINED IN THIS SUBTITLE, FROM THE OWNER, AN
AMOUNT BEARING THE SAME RATIO TO THE THEN-CURRENT VALUE OF
SO MUCH OF THE PROPERTY AS CONSTITUTED AN APPROVED PROJECT
AS THE AMOUNT OF THE STATE PARTICIPATION BORE TO THE TOTAL
ELIGIBLE COST OF THE APPROVED PROJECT, TOGETHER WITH ALL
COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY THE STATE
IN THE RECOVERY PROCEEDINGS.

(B) (1) BEFORE THE STATE MAKES ANY FUNDS AVAILABLE FOR
AN APPROVED PROJECT, THE DEPARTMENT SHALL CAUSE A NOTICE OF
THIS RIGHT OF RECOVERY TO BE RECORDED IN THE LAND RECORDS OF
THE COUNTY OR BALTIMORE CITY IN WHICH THE PROPERTY IS
LOCATED.

(2) THE RECORDING OF THE NOTICE:

(I) DOES NOT CREATE ANY LIEN AGAINST THE
PROPERTY; BUT

(II) SHALL CONSTITUTE NOTICE TO ANY POTENTIAL
TRANSFEREE, POTENTIAL TRANSFEROR, POTENTIAL CREDITOR, OR
OTHER INTERESTED PARTY OF THE POSSIBILITY THAT THE STATE MAY
OBTAIN A LIEN UNDER THIS SUBTITLE.

(C) (1) IN THE EVENT OF AN ALLEGED SALE OR TRANSFER AS
DESCRIBED IN SUBSECTION (B) OF THIS SECTION, OR IN THE EVENT
THAT A PROPERTY IS ALLEGED TO HAVE CEASED TO BE A "FACILITY" AS
DEFINED IN THIS SUBTITLE, THE SECRETARY OF THE BOARD OF PUBLIC
WORKS MAY FILE, IN THE CIRCUIT COURT FOR THE COUNTY OR
BALTIMORE CITY IN WHICH THE PROPERTY IS LOCATED, A CLAIM
UNDER THIS SUBTITLE (STYLED AS A CIVIL ACTION AGAINST THE
OWNER OF THE PROPERTY AND ANY OTHER INTERESTED PARTIES,
INCLUDING ANY TRANSFEROR THAT THE STATE WISHES TO MAKE A

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