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53
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1983
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SENATE
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agricultural land as changed over the years to first the
development tax and now the Agricultural Transfer Tax, the
concept of the tax, as a disincentive to the conversion of
agricultural land and a penalty when that land is converted to
another use, has remained intact.
The application of the Agricultural Transfer Tax to land
receiving the planned development special assessment, as provided
for in Senate Bill 778, will also serve as a disincentive to the
development of the land and additionally as a penalty if the land
is developed. It is this application that gives me serious
concern. Clearly, imposition of this tax would serve to
counteract the very incentive intended by the General Assembly in
enactment of the planned development special assessment.
As a consequence, the benefit to the landowner in the form
of a special assessment would be negated if the Agricultural
Transfer Tax were imposed even though planned, orderly and staged
development was being accomplished in accordance with all
applicable criteria. I find it unfair to impose a form of a
penalty tax upon a landowner who has not violated either the
letter or the spirit of a law that is designed for the mutual
benefit of the landowner and the general public. At the same
time, it is incongruous to, in effect, reject a land use strategy
which has served the State of Maryland so well. The jobs and
taxes generated by these communities, not to mention the social
and recreational benefits, should not be minimized.
In conclusion, I am vetoing Senate Bill 778 because it will
serve as a disincentive to the development and continued growth
of planned communities in Maryland; because it will have the
effect of imposing a. penalty tax in an instance where the intent
of the current law was accomplished; and because it will
unnecessarily escalate the cost of housing to many of our
citizens.
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Sincerely,
Harry Hughes
Governor
Senate Bill No. 778
AN ACT concerning
Property Assessments - Transfer Tax on Special Assessments
FOR the purpose of providing that real property subject to a
special assessment is subject to an agricultural transfer
tax under certain conditions after a certain taxable year;
providing for termination of a special assessment under
certain circumstances; and making stylistic changes.
BY repealing and reenacting, with amendments,
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