J. MILLARD TAWES, Governor                      929

Whereas, The Congress of the United States has enacted Public
Law 87-70 (42 U.S.C. 1500), which includes Title VII Open Space
Land, designated to assist state and local governments to preserve
open space land; and, in extending financial assistance, to assure
that local governing bodies preserve a maximum of open-space land
with a minimum of cost, through the use of special tax provisions,
acquisition of restrictive easements, and other means; and

Whereas, The people of the State of Maryland approved an amend-
ment to the Constitution of the State which permits the General As-
sembly to classify land for purposes of assessment in order to bring
our tax policies in line with our land use policies; now, therefore

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 357A(a) of Article 66C of the Annotated Code of
Maryland (1964 Supplement), title "Natural Resources," subtitle
"Forests and Parks," subheading "In General," be and it is hereby
repealed and re-enacted, with amendments, to read as follows:

357A.

(a) The acquisition of interest or rights in real property for the
preservation of open spaces and areas constitutes a public purpose
for which public funds may be expended or advanced. Any county
or city, the Maryland National Capital Park and Planning Commis-
sion and the state department of forests and parks, may acquire, by
purchase, gift, grant, bequest, devise, or lease, the fee or any lesser
interest, development right, easement, covenant or other contractual
right necessary to achieve this end. Any county or city, the Maryland-
National Capital Park and Planning Commission and the state de-
partment of forests and parks, may also purchase or acquire by
contract or gift the fee to any property for the purpose of conveying
or leasing said property back to its original owner or other person
under such covenants or other contractual arrangements as will
limit the future use of the property in accordance with the purposes
of this section. The county or city shall not acquire any such fee or
any such lesser interest in real property for the purposes aforesaid,
by purchase or contract requiring a monetary consideration in excess
of $500.00, until and unless the governing body of such county or
city shall adopt a resolution or formal order declaring the public
purpose or use therefor and after holding a public hearing respecting
the same.

Sec. 2. And be it further enacted, That new Section 12E be and
it is hereby added to Article 81 of the said Code (1964 Supplement),
title "Revenue and Taxes," subtitle "What Shall be Taxed and
Where," to follow immediately after Section 12D thereof, and to read
as follows:

12E.

(a) This section, to the exclusion of any other public general or
public local law unless this section is specifically referred to therein
and appropriately modified or repealed, controls and regulates ex-
clusively the granting of any special tax credit based upon land, ex-
cluding improvements, which is determined to be an "open space"
or "open area" as defined by subsection (b) of Section 357A of