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2791
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MANDEL, Governor
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MARVIN
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(4) "PRINCIPAL RESIDENCE" MEMS A DWELLING
ACTUALLY OCCUPIED OR EXPECTED TO BE ACTUALLY OCCUPIED BY
THE HOMEOWNER OR THE HOMEOWNERS FOR MORE THAN SIX
CONSECUTIVE MONTHS OF THE PRESENT CALENDAR YEAR.
NONOCCUPANCY OF THE DWELLING BECAUSE OF ILLNESS OR THE
NEED FOR SPECIAL CARE, OF THE HOMEOWNER, IS OCCUPANCY FOR
THE PURPOSES OF THIS SECTION.
(B) (1) WHEN THE COMMISSION OR OTHER STATE
AGENCY COMMENCES THE ACQUISITION BY PURCHASE, GIFT, OR
CONDEMNATION OF THE DWELLING OF A HOMEOWNER WITHIN THE
"TAKE LINE" ESTABLISHED BY THE COMMISSION, THE COMMISSION
OR OTHER STATE AGENCY SHALL OFFER IN WRITING THE
HOMEOWNER OR HOMEOWNERS A LIFE ESTATE IN THAT PROPERTY.
ACCEPTANCE OF THE LIFE ESTATE SHALL BE TAKEN INTO
CONSIDERATION WHEN DETERMINING THE VALUE OF THE PROPERTY.
UPON ACCEPTANCE, THE RECIPIENT OF THE LIFE ESTATE WILL
PAY REAL ESTATE PROPERTY TAXES, INSURANCE, AND ORDINARY
MAINTENANCE COSTS. REQUESTS FOR MATERIAL ALTERATIONS OR
ADDITIONS TO THE PROPERTY MUST BE SUBMITTED IN WRITING TO
THE ST. MARY'S CITY COMMISSION AND SAID REQUEST MUST BE
APPROVED OR DISAPPROVED BY THE COMMISSION WITHIN 45 DAYS
OF THE RECEIPT OF SAID REQUEST.
(2) IN THE CASE OF A PURCHASE, THE
COMMISSION OR OTHER STATE AGENCY SHALL MAKE THE OFFER:
(I) AT THE TIME OF EACH OFFER FOR
PURCHASE; AND
(II) IN A DOCUMENT SEPARATE AND APART
FROM ALL OTHER DOCUMENTS AT THE TIME OF RATIFICATION OF
THE SALES CONTRACT.
(3) IN THE CASE OF A GIFT OR CONDEMNATION,
THE COMMISSION OR OTHER STATE AGENCY SHALL MAKE THE OFFER
AT THE TIME OF TRANSFER OF ANY RIGHT, TITLE OR INTEREST,
PRESENT OR FUTURE, IN THE PROPERTY.
(C) THE COMMISSION OR OTHER STATE AGENCY MAY OFFER
AT ANY TIME A LIFE ESTATE TO ANY OTHER HOMEOWNER OR
PROPERTY OWNER WITHIN THE "TAKE LINE".
(D) THE HOMEOWNER OR PROPERTY OWNER MAY ACCEPT THE
OFFER BEFORE THE 30TH CALENDAR DAY FOLLOWING THE TIME SET
FORTH IN PARAGRAPHS (B) AND (C).
(E) UNTIL SUCH TIME AS THE COMMISSION CAN SHOW
CERTIFIES LEGITIMATE NEED FOR THE RESIDUE, THE HOLDER OF
THE LIFE ESTATE MAY CONTINUE TO USE IT AS IT EXISTED
PRIOR TO THE TRANSFER OF TITLE AND THE CREATION OF THE
LIFE ESTATE , ON A LEASE ARRANGEMENT.
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
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