HARRY HUGHES, Governor

5009

(b) (1) (I) The easement shall provide that
residential subdivision for commercial purposes is not
permitted. However, upon written application to the
foundation conveyance of one acre or less for the owner who
originally sold an easement to the foundation and for each
of his children for the purpose of construction of one
dwelling house intended for his or their use shall be
permitted one time only for that owner and each child, and
does not constitute a residential subdivision for commercial
purposes. IF ANY CHILD OF THE OWNER WHO ORIGINALLY SOLD AN
EASEMENT TO THE FOUNDATION USES THIS PROVISION TO CONSTRUCT
A DWELLING HOUSE, THE CHILD SHALL PAY THE FOUNDATION AN
AMOUNT THAT THE FOUNDATION DETERMINES TO BE A REASONABLE

AMOUNT FOR THE USE OF THE EASEMENT UPON ANY SUCH

CONVEYANCE, THE FOUNDATION SHALL RELEASE THE LAND CONVEYED
FROM THE EASEMENT, AND THE BENEFICIARY OF THE RELEASE SHALL
REIMBURSE THE FOUNDATION THE PROPORTIONATE AMOUNT ORIGINALLY
RECEIVED BY THE OWNER OF THE LAND FOR THE PURCHASE OF THAT
PORTION OF THE EASEMENT RELATED TO THE LAND RELEASED.

(II) Before any conveyance is made
pursuant to this subsection, an owner shall agree with the
foundation not to subdivide any land conveyed. This
agreement shall be recorded among the land records where the
land is located and shall bind all future owners. The owner
also may construct housing for tenants fully engaged in
operation of the farm, but this construction may not exceed
one tenant house per 100 acres.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

June 1, 1982
The Honorable James Clark, Jr.
President of the Senate
State House
Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill 95.

This bill would require reimbursement to the Maryland
Agricultural Land. Preservation Foundation when an owner of
land subject to an agricultural preservation easement
conveys acreage to his children as otherwise permitted by
law.

House Bill 420, which was passed by the General
Assembly and signed by me on June 1, 1982, accomplishes the
same purpose. Therefore, it is not necessary for me to sign
Senate Bill 95.