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5231
MONTGOMERY COUNTY
imposed by Subsection (d) and Subsection (e) of Section
52—21, only Subsection (e) shall apply.
BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that -
Sec. 1. Subsection (d) of Section 52-21, title
"Levied; amount", of Chapter 52, title "Finance and
Taxation", of the Montgomery County Code 1972, is hereby
repealed in its entirety and a new subsection (d) is
enacted in place thereof to read as follows:
(D) A PERCENTAGE OF THE VALUE OF THE
CONSIDERATION FOR THE TRANSFER OF LAND, EXCLUDING
IMPROVEMENTS THEREON, 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 OR WHICH WHILE OWNED
BY THE TRANSFEROR HAS BEEN VALUED AND ASSESSED ON THE
ASSESSMENT RECORDS ON THE BASIS OF THE AGRICULTURAL USE
VALUE ASSESSMENT AT ANYTIME DURING THE FIVE YEARS
PRECEDING TRANSFER, SAID TAX TO BE PAID BY THE TRANSFEROR
OF SUCH LAND, WHICH PERCENTAGE SHALL VARY ACCORDING TO
THE FOLLOWING SCHEDULE:
(I) LAND ASSESSED AND TAXED TO THE
TRANSFEROR FOR ONE YEAR ON THE BASIS OF FARM OR
AGRICULTURAL USE, TWO AND ONE-HALF PERCENT (2.556);
(II) LAND ASSESSED AND TAXED TO THE
TRANSFEROR FOR TWO YEARS ON THE BASIS OF FARM OR
AGRICULTURAL USE, FOUR PERCENT (4%) ;
(III) LAND ASSESSED AND TAXED TO THE
TRANSFEROR FOR THREE YEARS ON THE BASIS OF FARM OR
AGRICULTURAL USE, FIVE AND ONE-HALF PERCENT (5.5%);
(IV) LAND ASSESSED AND TAXED TO THE
TRANSFEROR FOR MORE THAN THREE YEARS ON THE BASIS OF FARM
OR AGRICULTURAL USE, SIX PERCENT (6%); WHERE THE TRANSFER
IS SUBJECT BOTH TO THE TAX IMPOSED BY THIS SUBSECTION (D)
AND THE TAX IMPOSED BY SUBSECTION (E) BELOW, THE TAX
IMPOSED BY SUBSECTION (E) SHALL BE THE ONLY TAX IMPOSED
ON THE TRANSFER.
THE DIRECTOR OF FINANCE MAY FROM TIME TO TIME ISSUE
WRITTEN REGULATIONS PERTAINING TO THE COLLECTION OF THE
TAX LEVIED IN THIS SUBSECTION.
Section 2. 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
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