1968

LAWS OF MARYLAND

Ch. 702

19.

(b) (2) (B) (i) No land which has been assessed on
the basis of agricultural use under paragraph (1) hereof
shall be developed for nonagricultural use [(], other than
for residential use of the owner or his immediate family[)
for a period of three years after the last day of the most
recent taxable year in which the land was assessed on the
basis of agricultural use]. However, that land may be
developed [within the three—year period] upon payment to the
tax collecting authority of the subdivision in which the
land is located of A DEVELOPMENT TAX IN an amount equal to
[two times the difference between the tax (including any
State property tax) applicable to the land if assessed on
its full value in the year development is to commence and
the tax applicable to the land if assessed on the basis of
the most recent agricultural use assessment.] 10 PERCENT OF

THE DIFFERENCE BETWEEN THE VALUE OF THE LAND BASED ON ITS

MOST RECENT AGRICULTURAL USE ASSESSMENT AND THE VALUE OF THE

LAND BASED UPON ITS CURRENT NONAGRICULTURAL USE ASSESSMENT,

OR A NEW ASSESSMENT BASED ON NONAGRICULTURAL USE.

[(ii) Prior to any settlement for
real property included within the provisions of paragraph
(B) (i), the buyer shall be given written notice by the
seller or the seller's agent or attorney in the contract of
sale that the real property is subject to the provisions of
that paragraph. Failure to notify the buyer shall make the
seller liable to the buyer for the amount of the tax
deferred under the provisions of paragraph (B) (i).

(iii) No building or other permit
necessary to commence or engage in the construction of
improvements for nonagricultural use (other than for
residential use of the owner or his immediate family) shall
be issued with respect to any land which has, within three
years prior to the application therefor, been assessed on
the basis of agricultural use under subsection (b) (1)
hereof unless the local tax collecting authority certifies
that payment provided for in subparagraph (E) (i) hereof has
been made.

(iv) Nothing contained herein shall
prevent a person from proceeding under subsection 19 (f) of
this article, and upon a finding by the supervisor of
assessments that the criteria of the subsection have been
met, the land may be developed in accordance with the
subsection without payment of the sum provided for herein. ]

(II) LAND SHALL BE REASSESSED

PURSUANT TO PARAGRAPH (2) (B) OF THIS SUBSECTION WHEN THE
LAND USE IS CHANGED FROM AGRICULTURAL TO NONAGRICULTURAL,
INCLUDING BUT NOT LIMITED TO: WHEN THE OWNER OR OTHER PERSON
HAVING A PROPERTY INTEREST IN THE LAND IS ISSUED A BUILDING

PERMIT TO COMMENCE OR ENGAGE IN THE CONSTRUCTION OF

IMPROVEMENTS FOR NONAGRICULTURAL USE, OTHER THAN FOR

RESIDENTIAL USE OF THE OWNER OR HIS IMMEDIATE FAMILY; OR THE