WILLIAM DONALD SCHAEFER, Governor Ch. 214

CONSTRUCTION, ACQUISITION, RENOVATION, OR EQUIPPING OF A
FACILITY.

(C) THE BOARD MAY ADOPT REGULATIONS FOR RECEIVING AND
CONSIDERING APPLICATIONS AND FOR DISBURSING FUNDS TO
APPLICANTS.

24-606.

(A) IF, WITHIN 30 YEARS AFTER COMPLETION OF A PROJECT, A
COMMUNITY MENTAL HEALTH FACILITY, ADDICTION FACILITY, OR
DEVELOPMENTAL DISABILITIES FACILITY 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, OR IF, WITHIN THE SAME PERIOD, A COMMUNITY MENTAL
HEALTH FACILITY, ADDICTION FACILITY, OR DEVELOPMENTAL
DISABILITIES FACILITY 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 COMMUNITY
MENTAL HEALTH FACILITY, ADDICTION FACILITY, OR DEVELOPMENTAL
DISABILITIES FACILITY 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) THE DEPARTMENT SHALL CAUSE 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
BEFORE THE STATE MAKES ANY FUNDS AVAILABLE FOR THE APPROVED
PROJECT.

(2) THE RECORDING OF THE NOTICE SHALL NOT CREATE ANY
LIEN AGAINST THE PROPERTY; HOWEVER, IT SHALL CONSTITUTE
NOTICE TO ANY POTENTIAL TRANSFEREE, 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 OF THE COUNTY OR
BALTIMORE CITY IN WHICH THE PROPERTY IS LOCATED, A CLAIM

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