HARRY HUGHES, Governor

1969

DATE ON WHICH THE OWNER OR OTHER PERSON HAVING A PROPERTY

INTEREST IN THE LAND RECORDS ANY PLAT. AS DETERMINED BY

REGULATIONS OF THE STATE DEPARTMENT OF ASSESSMENTS AND
TAXATION. CRITERIA DETERMINING WHETHER LAND USE IS CHANGED
FROM AGRICULTURAL TO NONAGRICULTURAL SHALL INCLUDE BUT SHALL
NOT BE LIMITED TO THE FOLLOWING: THE ASSESSMENT SHALL BE
CHANGED FROM AGRICULTURAL TO NONAGRICULTURAL WHEN THE OWNER
OF OR OTHER PERSON HAVING A PROPERTY INTEREST IN THE LAND
COMMENCES OR ENGAGES IN THE CONSTRUCTION OF IMPROVEMENTS FOR
NONAGRICULTURAL USE, OTHER THAN FOR RESIDENTIAL USE OF THE
OWNER OR HIS IMMEDIATE FAMILY, OR THE DATE ON WHICH THE
OWNER OR OTHER PERSON HAVING A PROPERTY INTEREST IN THE LAND

RECORDS A PLAT.

(III)        TWO-THIRDS OF THE MONEY
COLLECTED BY TAX COLLECTING AUTHORITIES OF THE VARIOUS
SUBDIVISIONS IN PAYMENT OF THE PRINCIPAL AND INTEREST TO
SATISFY ANY TAX UNDER SUB-SUBPARAGRAPH (2) (B) (I) OF
SUBSECTION (B) OF THIS SECTION SHALL BE HELD IN A SPECIAL
ACCOUNT AND PAID OVER TO THE COMPTROLLER OF THE TREASURY AT
SUCH TIMES AND INTERVALS AS THE COMPTROLLER SPECIFIES.         THE
COMPTROLLER SHALL PLACE ALL PROCEEDS IN THE MARYLAND
AGRICULTURAL PRESERVATION FUND TO BE USED FOR THE PURPOSES
SET FORTH IN SECTION 2-505 OF THE AGRICULTURE ARTICLE.

(IV)       ONE-THIRD          OF          THE           MONEY
COLLECTED BY THE TAX COLLECTING AUTHORITIES PURSUANT TO THE
PROVISIONS OF SUB-SUBPARAGRAPH (2) (B) (I) OF SUBSECTION (B)
OF THIS SECTION AND IN MONTGOMERY COUNTY TWO-THIRDS OF THE
MONEY COLLECTED SO LONG AS IT CONTINUES TO IMPOSE A TRANSFER
TAX SUBSTANTIALLY SIMILAR TO THAT IMPOSED BY MONTGOMERY
COUNTY CODE SECTION 52-21(D) (1979), SHALL BE HELD IN A
SPECIAL ACCOUNT BY THE SUBDIVISION AND SHALL BE USED FOR AN
APPROVED AGRICULTURAL LAND PRESERVATION PROGRAM, INCLUDING
BOND ANNUITY FUNDS OR MATCHING FUNDS. THE FUNDS PLACED IN
THE SPECIAL ACCOUNT BY THE SUBDIVISIONS MAY BE RETAINED BY
THEM FOR A PERIOD OF 3 YEARS. IF, AFTER 3 YEARS, THE FUNDS
HAVE NOT BEEN EXPENDED OR COMMITTED BY A SUBDIVISION, THEY
SHALL BE PAID OVER TO THE COMPTROLLER OF THE TREASURY WHO
SHALL PLACE THE FUNDS IN THE MARYLAND AGRICULTURAL
PRESERVATION FUND. HOWEVER, OVER A 5-YEAR PERIOD ANY
SUBDIVISION SHALL BE ALLOCATED IN THE AGGREGATE THE FUNDS IT
WOULD HAVE BEEN ENTITLED TO RECEIVE IF ABLE TO UTILIZE THEM.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, ONE-HALF
OF THE AMOUNT RETAINED BY MONTGOMERY COUNTY SHALL BE HELD IN
A SPECIAL FUND ACCOUNT AND DEEMED AND USED AS THE STATE
MATCHING SHARE FOR AGRICULTURAL LAND PRESERVATION.

             (V) AFTER THE DEVELOPMENT TAX IS DUE

AND UNPAID, A LIEN SHALL ATTACH TO LAND WHICH HAS BEEN

REASSESSED UNDER SUB-SUBPARAGRAPH (2)(B)(I) AND (II) OF

SUBSECTION (B) OF THIS SECTION. THE LIEN SHALL ARISE BY

OPERATION OF LAW IN FAVOR OF THE TAX COLLECTING AUTHORITY OF

THE SUBDIVISION IN WHICH THE LAND IS LOCATED IN AN AMOUNT OF

SUBSECTION (B) OF THIS SECTION. A LIEN THAT REMAINS

UNSATISFIED 30 DAYS AFTER IT ATTACHES SHALL BEAR INTEREST IN

THE AMOUNT OF 2/3 PERCENT PER MONTH UNTIL PAID.