Montgomery County 2347
Section 9. Subsection (d) of Section 84-25, Chapter 84, title "Finance
and Taxation," of the Montgomery County Code 1965, as amended, is
hereby repealed and re-enacted, with amendments, to read as follows:
84-25. Levied; amount.
(d) Such percentage as hereafter stated, of the value of the con-
sideration for any transfer of land which, while owned by the transferor,
has been assessed at any time during the five years preceding transfer
on the basis of being actively devoted to farm or agricultural use, said tax
to be paid by the transferor of such land.
(i) Six percent of the value of the consideration for any transfer
which occurs after June 30, 1969, but before July 1, 1970.
(ii) Four percent of the value of the consideration for any transfer
which occurs after June 30, 1970, but before July 1, 1971.
(iii) Two percent of the value of the consideration for any transfer
which occurs after June 30, 1971, but before July 1, 1972.
(iv) No tax shall be levied under this subsection (d) after June 30,
1972.
The tax levied in this subsection (d) shall not apply to transfers which
are made pursuant to a bona fide written contract or agreement entered
into prior to July 1, 1969; provided that the director of finance may
require satisfactory proof that the contract or agreement was entered
into prior to such date. Any tax collected under this subsection (d),
which is based on the bona fide market value consideration of the property,
shall be collected only once on the transfer of the same parcel of land;
provided however, all subsequent transfers shall be taxable at the rates
applicable under subsections (a), (b) and (c) of Section 84-25. The
director of finance may from time to time issue written regulations per-
taining to the collection of the tax levied in this subsection.
Section 10. Severability.
The provisions of this Act are severable and if any provision, sentence,
clause, section or part thereof is held illegal, invalid or unconstitutional
or inapplicable to any person or circumstances, such illegality, invalidity
or unconstitutionally, or inapplicability shall not affect or impair any of
the remaining provisions, sentences, clauses, sections or parts of the Act
or their application to other persons or circumstances. It is hereby declared
to be the legislative intent that this Act would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or circumstances to
which the Act or any part thereof is inapplicable had been specifically
exempted therefrom.
Section 11. Effective date.
This Act shall take effect on December 7, 1970.
Chapter 41
(Bill No. 44-69)
An Act to amend Chapter 2, title "Administration," of the Mont-
gomery County Code 1965, by repealing and re-enacting, with amend-
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