1468

LAWS OF MARYLAND

Ch. 463

sub-subparagraph 2(B)(i) of subsection (b) of this section
at the time of the next ordinary assessment notice
DEVELOPMENT OCCURS. The development tax shall be due [at
the same time the real property taxes are due based upon
such assessment in accordance with the provisions of Section
48 of this article.] WHEN THE OWNER OR OTHER PERSON HAVING
A PROPERTY INTEREST IN THE LAND COMMENCES OR ENGAGES IN THE
CONSTRUCTION OF NONAGRICULTURAL IMPROVEMENTS, OR OBTAINS A
BUILDING PERMIT OR SIMILAR DOCUMENT, OR FILES A NOTICE OF
INTENT TO CONSTRUCT NONAGRICULTURAL IMPROVEMENTS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980. OR UPON TRANSFER OF ALL OR A
PORTION OF THE LAND PRIOR TO THE DATE REAL PROPERTY TAXES
ARE DUE. IN THE CASE OF SUCH TRANSFER, THE TAX SHALL BE
IMPOSED AT THE TIME OF TRANSFER.

(ix) A. A subdivision of the State may not
impose a local transfer tax upon the transfer of land
subject to the provisions of this paragraph in an amount
that is greater than the local transfer tax rate that
applies to improved residential property in that subdivision
unless the greater tax was levied before July 1, 1979. A
subdivision may not impose a local transfer tax to a rate,
or increase a local transfer tax to a rate, above the rate
imposed as of July 1, 1979 on any land subject to the

provisions of this paragraph. Furthermore, in any

subdivision that has imposed a transfer tax at a rate in
excess of the rate of the transfer tax levied on improved
residential property, the payor of the most recent transfer
tax applied at the maximum rate applicable to land
previously assessed as agricultural, upon application, shall
be entitled to a refund at the time the development tax is
paid. The amount of the refund shall be the amount by which
the transfer tax on the same land exceeded 1 percent of the
value of the consideration received for the sale of the land
at the time of payment of the transfer tax, but may not
exceed the amount of the development tax. A refund may not
be made of the taxes imposed before [July 1, 1979] JULY 1,
1977, and a refund of the full amount of the excess of
payment may not be made of taxes paid more than 5 years'
before the payment of the development tax. Refund of such
excess transfer taxes paid shall be equal to 100 percent of
the excess payment, for such taxes paid within 2 years
before payment of the development tax; 75 percent of the
excess payment for such taxes paid more than 2 years but not
more than 3 years before payment of the development tax; 50
percent of the excess payment for such taxes paid more than
3 years but not more than 4 years before payment of the
development tax; 25 percent of the excess payment for such
taxes paid more than 4 years but not more than 5 years
before payment of the development tax. Refund of earlier
transfer taxes may not be required.

SECTION 2. AND BE IT FURTHER ENACTED, That it is the
intent of the General Assembly that this Act clarify the