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3410
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Ch. 883
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LAWS OF MARYLAND
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(B) AT ANY TIME AFTER 25 YEARS FROM THE DATE OF
PURCHASE OF AN EASEMENT, THE LANDOWNER MAY REQUEST THAT
THE EASEMENT BE REVIEWED FOR POSSIBLE TERMINATION OF THE
EASEMENT.
(C) UPON A REQUEST FOR REVIEW OF AN EASEMENT FOR
TERMINATION. AN INQUIRY SHALL BE CONDUCTED BY THE
FOUNDATION TO DETERMINE THE FEASIBILITY OF PROFITABLE
FARMING ON THE SUBJECT LAND. THE INQUIRY SHALL BE
CONCLUDED AND A DECISION REACHED BY THE FOUNDATION WITHIN
180 DAYS AFTER THE REQUEST FOR TERMINATION, AND SHALL
INCLUDE:
(1) ON-SITE INSPECTION OF THE SUBJECT LAND;
(2) A PUBLIC HEARING CONDUCTED BY THE
FOUNDATION BOARD WITHIN THE COUNTY CONTAINING THE SUBJECT
LAND AFTER ADEQUATE PUBLIC NOTICE."
(D) AN EASEMENT MAY BE TERMINATED ONLY WITH THE
APPROVAL OF THE GOVERNING BODY OF THE COUNTY CONTAINING
THE SUBJECT LAND. IN DECIDING WHETHER TO APPROVE THE
REQUEST FOR TERMINATION, THE COUNTY GOVERNING BODY SHALL
RECEIVE THE RECOMMENDATION OF THE COUNTY AGRICULTURAL
PRESERVATION ADVISORY BOARD ESTABLISHED UNDER SECTION
2-504.1 OF THIS SUBTITLE. THE DECISION OF THE COUNTY
GOVERNING BODY SHALL BE MADE AFTER THE PUBLIC HEARING
REQUIRED IN PARAGRAPH (C). THE COUNTY GOVERNING BODY
SHALL NOTIFY THE FOUNDATION OF ITS DECISION WITHIN 30
DAYS AFTER THE CONCLUSION OF THE PUBLIC HEARING REQUIRED
IN PARAGRAPH (C).
(E) UPON THE AFFIRMATIVE VOTE OF A MAJORITY OF THE
BOARD MEMBERS AT-LARGE, AND UPON THE APPROVAL OF THE
SECRETARY AND THE STATE TREASURER, THE REQUEST FOR
TERMINATION SHALL BE APPROVED, AND THE LANDOWNER SHALL BE
NOTIFIED.
(F) IF THE REQUEST FOR TERMINATION IS APPROVED, AN
APPRAISAL OF THE SUBJECT LAND SHALL BE ORDERED BY THE
FOUNDATION AT THE EXPENSE OF THE LANDOWNER REQUESTING
TERMINATION OF THE EASEMENT. WITHIN A PERIOD OF 180 DAYS
FOLLOWING THE APPRAISAL, THE LANDOWNER MAY REPURCHASE THE
EASEMENT BY PAYING TO THE FOUNDATION THE DIFFERENCE
BETWEEN THE FAIR MARKET VALUE AND THE AGRICULTURAL VALUE
OF THE SUBJECT LAND. AS DETERMINED BY THE APPRAISAL. FOR
PURPOSES OF THIS SUBPARAGRAPH, THE AGRICULTURAL VALUE IS
THE PRICE AS OF THE VALUATION DATE WHICH A VENDOR,
HILLING BUT NOT OBLIGATED TO SELL, WOULD ACCEPT, AND
WHICH A PURCHASER, WILLING BUT NOT OBLIGATED TO BUY,
WOULD PAY FOR A FARM UNIT WITH LAND COMPARABLE IN QUALITY
AND COMPOSITION TO THE PROPERTY BEING APPRAISED, BUT
LOCATED IN THE NEAREST LOCATION WHERE PROFITABLE FARMING
IS FEASIBLE.
(G) IF THE REQUEST FOR TERMINATION IS DENIED, OR
IF THE LANDOWNER FAILS TO REPURCHASE THE EASEMENT WITHIN
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